Appeal No. 96-3634
Application 08/295,122
to conclude that the only disclosure of the patent which is a first target having a first, non-zero reflection
level is the white reference board having a 100% reflectance. Because the only other target of
Tomohisa is a black reference board having a 0% reflectance, there is no disclosure in the reference to
meet the limitation “measuring the sensor response when the sensor is exposed to light reflected from a
second target, the second target having a second reflectance level greater than the first reflectance
level”. As such, we must reverse the rejection under 35 U.S.C. § 102 of claim 1, and claims 2-4 which
depend therefrom.
We are not persuaded by the examiner’s position at page 6 of the answer that Tomohisa does
not preclude use of a black target or reference board having a non-zero reflectance. Anticipation
requires that all elements of the claimed invention be described in a single reference. In re Spada, 911
F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990).
REVERSED
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
) BOARD OF PATENT
) APPEALS AND
ERROL A. KRASS ) INTERFERENCES
Administrative Patent Judge )
)
)
)
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