Appeal No. 1998-0526
Application 08/395,335
in claims 46-69. Accordingly, we reverse.
We consider first the rejection of claims 24-45 as
being
anticipated by the disclosure of Georgiou. Anticipation is
established only when a single prior art reference discloses,
expressly or under the principles of inherency, each and every
element of a claimed invention as well as disclosing structure
which is capable of performing the recited functional
limitations. RCA Corp. v. Applied Digital Data Systems, Inc.,
730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert.
dismissed, 468 U.S. 1228 (1984); W.L. Gore and Associates,
Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313
(Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
With respect to each of these claims, the examiner
indicates how he reads these claims on the disclosure of
Georgiou on pages 3-4 of the answer. Appellant argues that
each of the independent claims recites a monitor for measuring
some activity level of the CPU and “temperature associated
with said CPU” [brief, pages 7-12]. According to appellant,
-4-
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