Appeal No. 95-3129
Application 07/949,290
of the information. The sub-bar display means is such that the
sub-sequences are displayed “each as an identifiable and discrete
sub-bar having . . . a length which is proportional to a length
of the represented sub-sequence” and such that there are “visible
separation indications between each of the sub-bar display
means.”
It is well established patent law that for a reference to be
properly anticipatory, each and every element of the rejected
claim must be found either expressly described or under the
principles of inherency in the applied reference. See, inter
alia, RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984). We have searched
the disclosure of Tomoda in vain for any disclosure that the
display means of Tomoda’s disc player displays the sub-sequences
(i.e., tracks) of the disc as identifiable and discrete sub-bars
having a length proportional to the length thereof and with
visible separation indications between each of the tracks, as
called for in independent claim 1. Finding no such disclosure,
the standing § 102 rejection of claims 1-7, 10, 11 and 13-15
based on Tomoda cannot be sustained.
As to the standing § 103 rejection of claims 8, 9 and 12 as
being unpatentable over Tomoda in view of Utsugi, we have also
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