Ex parte IGARASHI et al. - Page 5

          Appeal No. 1998-0884                                       Page 5           
          Application No. 08/084,642                                                  

               A prior art reference anticipates a claim only if                      
               the reference discloses, either expressly or                           
               inherently, every limitation of the claim.  See                        
               Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d                       
               628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987).                        
               "[A]bsence from the reference of any claimed element                   
               negates anticipation."  Kloster Speedsteel AB v.                       
               Crucible, Inc., 793 F.2d 1565, 1571, 230 USPQ 81, 84                   
               (Fed. Cir. 1986).                                                      
          With these principles in mind, we consider the appellants’                  
          argument and the examiner’s reply.                                          

               Regarding claims 2, 8, 32, 43, 56, and 58, the appellants              
          argue, “a selection based upon the amount of data that is                   
          produced (as in the present invention) is markedly different                
          from a selection based upon the amount of error that is                     
          produced (as described by Krause '782).”  (Appeal Br. at 16.)               
          The examiner replies, “the claims must be interpreted as                    
          broadly as their terms reasonably allow....  In the present                 
          case, it is reasonable to interpret the term ‘data’ as                      
          ‘error’....”  (Examiner’s Answer at 7.)  He adds, “when data                
          is ... read to encompass error, Krause clearly meets this                   
          limitation (col. 8, ln.49-57).”  (Id. at 8.)                                

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