Appeal No. 1999-2761
Application No. 08/790,322
parts run, problems with the machines, errors
with assemblies, errors with incoming parts, and
a total log is kept with everything tracked in
real time. [col. 8, lines 7 to 28]
In order to anticipate claim 24, Speller must disclose
every limitation of that claim, either explicitly or
inherently. In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d
1429, 1431 (Fed. Cir. 1997). Appellants argue, first, that
(brief, page 3):
Speller [does] not disclose gathering
fastening functions including measurements and
data from fastener installation operations as
they are performed on the workpiece and then
downloading those measurements and data from the
fastening functions to a processor as claimed by
applicants.
According to appellants (brief, page 4), in the Speller system
measurements and data are not downloaded from controller 1014
through interface 1026 to controller 1038, but rather,
programs are downloaded from controller 1038 to device
controller 1014.
Although the examiner asserts on page 4 of the answer
that "Speller clearly discloses gathering fastening function
including measurement and data from fastener installation
operation and then downloading those measurement and data from
4
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