Appeal No. 95-3405
Application 08/077,505
The rejections based on Steeves
The rejections based on Christopher
Anticipation is established only when a single prior art
reference discloses, either expressly or under the principles of
inherency, each and every element of the claimed invention. In
re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir.
1990); RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed.Cir. 1984).
Each of independent claims 1, 11, and 12 requires that an
emulation program received through an input means is stored in a
backup memory means such that it will not be erased when the
printer is turned off. An emulation program is not just any
stored data or instructions. According to the specification, an
emulation program is defined as follows (spec. at 1):
There is known that a so-called emulation program
exists for reading the control codes that are
established for a certain printer and converting the
control codes into differently grouped control codes
established for another printer.
An emulation program gives a printer the flexibility of being
capable of responding to control signals from the host computer
which are intended for a different printer.
The appellant is correct that the examiner erroneously
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