Appeal No. 96-1191
Application 08/344,624
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as
well as disclosing structure which is capable of performing
the recited functional limitations. RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.
Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,
1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
With respect to independent claims 1 and 3, the
anticipation question basically reduces to a consideration of
the oscillator in claims 1 and 3. Appellant argues that there
are three oscillator recitations in these claims which are not
present in Kadowaki. Specifically, appellant argues that
Kadowaki does not disclose the following:
(1) terminals/electrodes connected to
an oscillator;
(2) a ground potential terminal
positioned between the oscillator
input and output terminals/electrodes;
and wherein
(3) the ground potential extends from
a metal plate, while the oscillator
input and output terminals/electrodes
4
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