Ex parte PETERSON - Page 3

            Appeal No. 1999-0263                                                      
            Application No. 08/517,902                                                

                 Claims 1-26 stand rejected under 35 U.S.C. ' 102(b) as               
            being anticipated by Yamaguchi.1                                          

                 Reference is made to the briefs and answer for the                   
            respective positions of appellant and the examiner.                       

                 We reverse.                                                          
                 A prior art reference anticipates the subject matter                 
            of a claim when the reference discloses every feature of                  
            the claimed invention, either explicitly or inherently.                   
            See Hazani v. U.S. Int’l Trade Comm’n, 126 F.3d 1473, 1477,               
            44 USPQ2d 1358, 1361 (Fed. Cir. 1997) and RCA Corp. v.                    
            Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444,                  
            221 USPQ 385, 388 (Fed. Cir. 1984).                                       

                 Yamaguchi is clearly directed to subject matter which                
            is similar to that claimed and solves a similar problem of                
            reducing the memory capacity used by a reciprocal                         

            1 The answer, at page 4, indicates that the rejection is                  
            “based upon a public use or sale of the invention Yamaguchi               
            . . . .”  Based on the explanation of the rejection and the               
            arguments in both the briefs and answer,  it is clear that                
            the rejection is bases on an anticipation of the claimed                  
            subject matter by Yamaguchi and not, in any way, on a                     
            “public use or sale.”                                                     

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