Appeal 2007-1259
Application 10/054,213
‘impress’ a positive voltage pulse on the anode.” (Answer 4).
11. The Examiner directs us to Stimming’s statement that “[a]lthough
fuel starvation at the anode achieves the same results as the claimed
invention, i.e., an increase in the anode potential, Wilkinson achieves
the result using an entirely different solution.” (Answer 7).
12. The Examiner directs us to Fedkiw et al. (Fedkiw)4 which states that
“[a] periodic, pulsed-potential control strategy was examined as a
means to regenerate in situ a platinum electrode which was otherwise
poisoned by methanol oxidation.”
IV. Principles of Law
Anticipation
To anticipate a claim, a prior art reference must disclose every
limitation of the claimed invention, either expressly or inherently. In re
Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
An element in a claim for a combination may be expressed as a
means or step for performing a specified function without the recital of
structure, material, or acts in support thereof, and such claim shall be
construed to cover the corresponding structure, material, or acts described in
the Specification and equivalents thereof. 35 USC § 112,¶ 6. Thus, “a
means-plus-function claim encompasses all structure in the Specification
corresponding to that element and equivalent structures." Micro Chem. Inc.
v. Great Plains Chem. Co., 194 F.3d 1250, 1258, 52 USPQ2d 1258, 1263
(Fed. Cir. 1999). To anticipate a means-plus-function limitation, the
4 Fedkiw et al., J. Electrochem. Soc., 135:10 (1998), p. 2459-2465.
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