Appeal No. 2006-1084
Reexamination Control No. 90/006,334
1 firewall gateway using port 80 but blocks the server from
2 talking to any other host in your organization or directly
3 to the outside world.
4
5 E. Principles of law
6 Claims under reexamination are properly given their broadest
7 reasonable interpretation consistent with the patent disclosure. In re
8 American Academy of Science Tech Center, 367 F.3d 1359, 1364, 70
9 USPQ2d 1827, 1830 (Fed. Cir. 2004). A claim is sufficiently definite under
10 35 U.S.C. § 112, ¶ 2, if a person skilled in the field of the invention would
11 reasonably understand it when it is read in the context of the specification.
12 Marley Mouldings Ltd. v. Mikron Industries, Inc., 417 F.3d 1356, 1359, 75
13 USPQ2d 1954, 1956 (Fed. Cir. 2005). To establish anticipation under 35
14 U.S.C. § 102, each and every element in a claim, arranged as is recited in the
15 claim, must be found in a single prior art reference.Karsten Mfg. Corp. v.
16 Cleveland Golf Co., 242 F.3d 1376, 1383, 58 USPQ2d 1286, 1291 (Fed. Cir.
17 2001). Anticipation can be found when a claim limitation is inherent or
18 otherwise implicit in the relevant reference.Standard Havens Products, Inc.
19 v. Gencor Industries, Inc., 953 F.2d 1360, 1369, 21 USPQ2d 1321, 1328
20 (Fed. Cir. 1991). But, for establishing inherent disclosure, that which is
21 missing in the express description must necessarily be present and would be
22 so recognized by one with ordinary skill in the art.Continental Can Co.
23 USA, Inc. v. Monsanto Co., 948 F.2d 1264, 1268, 20 USPQ2d 1746, 1749
24 (Fed. Cir. 1991). Inherency may not be established by probabilities or
25 possibilities, and the mere fact that a certain thing may result from a given
10
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