Ex parte RAITH - Page 4




          Appeal No. 1998-0666                                                        
          Application 08/467,876                                                      


          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejection advanced by the examiner and the                      
          evidence of anticipation relied upon by the examiner as                     
          support for the rejection.  We have, likewise, reviewed and                 
          taken into consideration, in reaching our decision, the                     
          appellant’s arguments set forth in the brief along with the                 
          examiner’s rationale in support of the rejection and arguments              
          in rebuttal set forth in the examiner’s answer.                             
          It is our view, after consideration of the record                           
          before us, that the disclosure of Tayloe does fully meet the                
          invention as set forth in claims 13-15, 47, 48 and 54-62.                   
          Accordingly, we affirm.                                                     
          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,                  
                                          4                                           





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

Last modified: November 3, 2007