Ex parte FREELAND et al. - Page 8




          Appeal No. 95-5027                                                          
          Application 08/993,198                                                      


          therefore agree with the examiner that claim 5 does not                     
          further limit the structure recited in claim 1, and we will                 
          sustain the rejection of claim 5 and claims 6, 9 and 12, which              
          depend therefrom, on this ground.                                           
                       The Rejection Under 35 U.S.C. § 102(b)                         
               Claims 14 and 20 stand rejected as being anticipated by                
          Kao.  Anticipation is established only when a single prior art              
          reference discloses, expressly or under the principles of                   
          inherency, each and every element of the claimed invention.                 
          See RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d               
          1440, 1444, 221 USPQ 385, 388 (Fed. Cir.), cert. dismissed sub              
          nom., Hazeltine Corp. v. RCA Corp., 468 U.S. 1228 (1984).  A                
          reference anticipates a claim if it discloses the claimed                   
          invention such that a skilled artisan could take its teachings              
          in combination with his own knowledge of the particular art                 
          and be in possession                                                        





          of the invention.  In re Graves, 69 F.3d 1147, 1152, 36 USPQ2d              


                                         -8-                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007