Ex parte FRUECHTENICHT - Page 5




          Appeal No. 2000-1474                                       Page 5           
          Application No. 08/962,902                                                  


          filed May 14, 1999) and reply brief (Paper No. 28, filed                    
          September 20, 1999) for the appellant's arguments                           
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, to the                         
          appellant's video tape submitted with his declaration under 37              
          CFR § 1.132 (Paper No. 9, filed May 11, 1998) and to the                    
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          Claim 1                                                                     
               We sustain the rejection of claim 1 under 35 U.S.C. §                  
          102(b) as being anticipated by Mueller.                                     


               A claim is anticipated only if each and every element as               
          set forth in the claim is found, either expressly or                        
          inherently described, in a single prior art reference.                      







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