Ex parte HATTORI et al. - Page 4




          Appeal No. 1998-1655                                       Page 4           
          Application No. 08/367,766                                                  


          stand rejected under § 103 as obvious over Yamada in view of                
          Takahara.  Rather than repeat the arguments of the appellants               
          or examiner in toto, we refer the reader to the briefs and                  
          answer for the respective details thereof.                                  


                                       OPINION                                        
               In deciding this appeal, we considered the subject matter              
          on appeal and the rejection advanced by the examiner.                       
          Furthermore, we duly considered the arguments and evidence of               
          the appellants and examiner.  After considering the totality                
          of the record, we are persuaded that the examiner did not err               
          in rejecting claims 1, 2, 4, 11, 20, 24, and 25.  We are also               
          persuaded that he erred in rejecting claims 3, 8-10, 12-19,                 
          21-23, and 26-29.  Accordingly, we affirm-in-part.                          


               We begin by noting the following principles from Rowe v.               
          Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir.                    
          1997).                                                                      
               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).                        







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007