Ex parte YAMATO et al. - Page 4




          Appeal No. 1997-2054                                                        
          Application No. 08/332,555                                                  


               generating an editing related display by said second                   
          processor in part in response to said videographics program                 
          related data received from said first processor.                            
               The reference relied on by the Examiner is as follows:                 
          San et al. (San)              5,388,841                Feb. 14,             
          1995                                                                        
          (filed Jan. 30,                                                             
          1992)                                                                       
          Claims 1 through 27, 29 and 30 stand rejected under 35                      
          U.S.C.  102 as being anticipated by San.                                   
               Rather than repeat the arguments of Appellants or the                  
          Examiner, we make reference to the brief and answer for                     
          details thereof.                                                            
                                       OPINION                                        
                    After a careful review of the evidence before us, we              
          do not agree with the Examiner that claims 1 through 27, 29                 
          and 30 are anticipated by the applied reference.                            
               It is axiomatic that anticipation of a claim under  102               
          can be found only if the prior art reference discloses every                
          element of the claim.  See In re King, 801 F.2d 1324, 1326,                 
          231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann                            
          Maschinenfabrik GMBH v. American Hoist & Derrick Co., 730 F.2d              
          1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).  "Anticipation              


                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007