Appeal No. 98-0595
Application 08/461,806
page 4) but fails to give the necessary explanation. Why
would it be intrinsic? Why would it have been necessarily so
that the programming is performed over a common bus? Why
couldn’t each diagnostic and control register be programmed
separately over different paths and also at different times?
We decline to speculate on the various possible manners in
which the many registers may be programmed.
Anticipation is established only when a single prior art
reference discloses, either expressly or under the principles
of inherency, each and every element of the claimed invention.
In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431
(Fed. Cir. 1997); In re Spada, 911 F.2d 705, 708 15 USPQ2d
1655, 1657 (Fed. Cir. 1990); RCA Corp. v. Applied Digital Data
Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.
1984). See also In re King, 801 F.2d 1324, 1326, 231 USPQ
136, 138 (Fed. Cir. 1986); Lindemann Maschinenfabrik GMBH v.
American Hoist & Derrick Co., 730 F.2d 1452, 1458, 221 USPQ
481, 485 (Fed. Cir. 1984). The prior art reference must
either expressly or inherently describe each and every
limitation in a claim. Verdegaal Bros. v. Union Oil Co., 814
6
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