Appeal No. 96-0166
Application 08/083,419
to the bus means at any moment in time during the test
mode of operation.
The examiner relies on the following reference:
Powell et al. (Powell) 4,701,921 October 20,
1987
Claims 1-11 and 13-20 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Powell.
Claim 12 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Powell.
We refer to the Examiner's Answer (Paper No. 13) (pages
referred to as "EA__") for a statement of the examiner's
position and to the Brief (Paper No. 11) (pages referred to as
"Br__") for a statement of the appellants' position.
OPINION
"Anticipation is established only when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention."
RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
The examiner's interpretation of Powell is inconsistent
with the limitations of the claims and fails to establish a
prima facie case of anticipation for the independent claims.
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