Appeal No. 1997-2455
Application 08/318,235
220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984).
(A reference anticipates a claim if it discloses the claimed
invention “such that a skilled artisan could take its
teachings in combination with his own knowledge of the
particular art and be in possession of the invention.)” In re
Graves, 69 F.3d 1147, 1152, 36 USPQ2d 1697, 1701 (Fed. Cir.
1995)(citing In re LeGrice, 301 F.2d 929, 936, 133 USPQ 365,
372 (CCPA 1962)).
Appellants argue on page 13 of the brief that Beigel does
not teach that the resonant frequency of the transducer is
settable to any of a plurality of predetermined values and
that the control means sets the resonant frequency of the
transducer. On pages 13 and 14 of the brief, Appellants state
that Beigel’s coil capacitor corresponds to the claimed
transducer. Appellants also assert that Beigel’s variable
load is the counterpart of the claimed modulator and that
Beigel’s controller is the counterpart to the claimed
controller. On page 14 of the brief, Appellants assert that
the resonant frequency of Beigel’s coil capacitor combination
is fixed. On page 15 of the brief, the Appellants assert that
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