Appeal No. 1998-0688
Application 08/274,158
col. 6, lines 27 through 30 discloses that the document cover
is either black in color or a paint having a small
reflectance. Hosaka further teaches that the document from
the document cover surface is distinguished by comparing the
reflected intensity from the document and the cover surface.
To improve the copying contrast, Hosaka in col. 11, lines 5
through 62 teaches different steps of image processing in
order to eliminate black frame. However, Hosaka does not
disclose any particular range for the reflectance of the
document cover surface or its affect on the copying quality
for different types of documents.
“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.”
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)(citing Kalman v. Kimberly-Clark Corp.,
713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert.
denied, 465 U.S. 1026 (1984)). However, “[t]o establish
inherency, the extrinsic evidence ‘must make clear that the
missing descriptive matter is necessarily present in the thing
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