Appeal No. 1997-1197
Application 08/130,255
OPINION
Related case
We have considered our decision and decision on request
for rehearing in Application 08/130,577, Appeal No. 96-1444,
but do find them controlling on our decision in this case.
Anticipation
"Anticipation is established only when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention."
RCA Corp. v. Applied Digital Data Systems, Inc.,
730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
We confine our analysis to issues and differences argued
in the brief. See 37 CFR § 1.192(c)(8)(iii) (1995) ("For each
rejection under 35 U.S.C. 102, the argument shall specify the
errors in the rejection and why the rejected claims are
patentable under 35 U.S.C. 102, including any specific
limitations in the rejected claims which are not described in
the prior art relied upon in the rejection."). Cf. In re
Baxter Travenol Labs., 952 F.2d 388, 391, 21 USPQ2d 1281, 1285
(Fed. Cir. 1991) ("It is not the function of this court to
- 6 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007