Appeal No. 1998-1097 Application No. 08/557,484 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 Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and Assoc., 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 independent claim 1, the Examiner has indicated (Answer, page 4) how the various limitations are read on the disclosure of Senuma, making particular reference to Senuma’s illustrations in Figures 5 and 6. In response, Appellant’s arguments primarily center on the Examiner’s alleged mischaracterization of Senuma’s capacitances C and Cj1 j2 as corresponding to Appellant’s claimed first and second capacitors. Appellant contends (Brief, page 4), referring to Senuma, that “...a review of the specification and the drawings confirms that items C and C are merely thej1 j2 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007