Ex Parte Hoglund et al - Page 5



              Appeal 2006-3245                                                                                            
              Application 10/383,224                                                                                      
              part of the surveillance area the source of the disturbance is to be found (Hirvonen,                       
              col. 12, ll. 45-52).                                                                                        
                     The resistivity of the water between the electrodes is a threefold integral of                       
              the conductivity of the medium in that part of the surveillance area, where the                             
              boundary conditions are:  water level, topography of the bottom, and conductivity                           
              of the water (Hirvonen, col. 12, ll. 53-59).                                                                
                     To simplify the calculation, Hirvonen teaches that an average depth of the                           
              water in the measured area can be used for the water level (Hirvonen, col. 12, ll.                          
              66-69).                                                                                                     

                                               PRINCIPLES OF LAW                                                          
                     “A claim is anticipated only if each and every element as set forth in the                           
              claim is found, either expressly or inherently described, in a single prior art                             
              reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2                            
              USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).                                      
                     “To establish inherency, the extrinsic evidence must make clear that the                             
              missing descriptive matter is necessarily present in the thing described in the                             
              reference, and that it would be so recognized by persons of ordinary skill.                                 
              Inherency, however, may not be established by probabilities or possibilities. The                           
              mere fact that a certain thing may result from a given set of circumstances is not                          
              sufficient.’ ” In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949, 1950-51 (Fed.                            
              Cir. 1999) (citations omitted).                                                                             
                     To determine whether a prima facie case of obviousness has been                                      
              established, one must consider the factors set forth in Graham v. John Deere Co.,                           
                                                            5                                                             



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: September 9, 2013