Ex parte RICHARD et al. - Page 8




          Appeal No. 96-2894                                                          
          Application 08/742,974                                                      

               In conclusion, the § 112, second paragraph rejection of                
          claims 1-8 is reversed.                                                     

          35 U.S.C. § 102(b)                                                          
               "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).                             

               Claim 9                                                                
               Appellants argue (Br13, third para.) that Andersen does                
          not disclose the following limitations in the last                          
          subparagraph of claim 9 (numbers in brackets added):  "[1] a                
          course delivery system distributed over said at least one                   
          workstation, said servers, and said main computer [2] to                    
          deliver a course from said at least one workstation to said                 
          repository."                                                                
               The examiner's position is as follows (FR5):                           
               (e) a course delivery system       see 6:46, 5:56-58;                  
               6:3-9;                                                                 
                                             information is distributed               



                                        - 8 -                                         





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

Last modified: November 3, 2007