Ex parte BAIL - Page 7




                 Appeal No. 2000-0007                                                                                     Page 7                        
                 Application No. 08/586,919                                                                                                             


                 directional antenna 10' also to receive the RF signal; a                                                                               
                 direction sensor 12 in which a phase difference between                                                                                
                 signals from the respective antennae is detected; a vehicle                                                                            
                 drive mechanism 16; and an ultrasonic anti-collision circuit                                                                           
                 14.  The ultrasonic anti-collision circuit 14 includes an                                                                              
                 ultrasonic wave sending vibrator 64 and a vibrator 65 for                                                                              
                 receiving ultrasonic echo.                                                                                                             


                          After reviewing claim 13 and the teaching of Suyama, it                                                                       
                 is our determination that contrary to the position of the                                                                              
                 examiner claim 13 is not readable on  Suyama for the following   3                                                                     
                 reasons.  First, the claimed "transmitter means for sending                                                                            
                 high frequency and ultrasonic signals to the vehicle" is not                                                                           
                 readable on the transmitter means disclosed by Suyama.  In                                                                             
                 that regard, the ultrasonic transmitter of Suyama (i.e.,                                                                               

                          3The inquiry as to whether a reference anticipates a                                                                          
                 claim must focus on what subject matter is encompassed by the                                                                          
                 claim and what subject matter is described by the reference.                                                                           
                 As set forth by the court in Kalman v. Kimberly-Clark Corp.,                                                                           
                 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert.                                                                           
                 denied, 465 U.S. 1026 (1984), it is only necessary for the                                                                             
                 claims to "'read on' something disclosed in the reference,                                                                             
                 i.e., all limitations of the claim are found in the reference,                                                                         
                 or 'fully met' by it."                                                                                                                 








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