Ex parte MATSUMOTO - Page 11




          Appeal No. 97-1656                                        Page 11           
          Application No. 08/314,26                                                   


          in the background section.  (Id.)  In response, the examiner                
          points to the characters “ACBD” and “DCBA” displayed in                     
          Figures 3 and 5.  (Examiner’s Answer at 8-9.)                               


               The rule that anticipation requires that every element of              
          a claim appear in a single reference, moreover, accommodates                
          situations where the common knowledge of “technologists” is                 
          not recorded in the reference, i.e., where technical facts are              
          known to those in the field of the invention.  Continental Can              
          Co. v. Monsanto Co., 948 F.2d 1264, 1269, 20 USPQ2d 1746,                   
          1749-50 (Fed. Cir. 1991).  Those in the field of screen                     
          displaying would know that a menu was commonly displayed on a               
          TV screen at the time of the invention.  Takahashi, col. 1,                 
          ll. 34-35.  They would expect the screen of Takahashi to                    
          display such a menu.                                                        


               Furthermore, the appellant did not define teletext.                    
          Giving claim 2 its broadest reasonable interpretation, we find              
          that the claimed limitation of a “teletext display task,”                   
          (Appeal Br. at 15), is broad enough to read on Takahashi’s                  
          display patterns.  The characters ACBD and DCBA are displayed               







Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007