Ex parte CIARLA et al. - Page 4




          Appeal No. 2000-2128                                                        
          Application No. 09/077,102                                                  


                    [b] battery servicing means within the housing for                
               processing batteries of scooters returned from a rental                
               transaction to ready the scooters for a further rental                 
               transaction, and                                                       
                    [c] computerized control means operable for                       
               automated monitoring, commanding and controlling both                  
               vehicle renting and battery servicing operations for                   
               scooter rentals and returns.                                           
               “To anticipate a claim, a prior art reference must                     
          disclose every limitation of the claimed invention, either                  
          explicitly or inherently.”  In re Schreiber, 128 F.3d 1473,                 
          1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).  “Furthermore,                 
          with an element expressed in terms of a means plus function,                
          ‘absent structure [in a prior art reference] which is capable               
          of performing the functional limitation of the ‘means,’ [the                
          prior art reference] does not meet the claim.’  In re Mott,                 
          557 F.2d 266, 269, 194 USPQ 305, 307 (CCPA 1977).”  RCA Corp.               
          v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221                
          USPQ 385, 388 (Fed. Cir. 1984).  In the present case, Bae                   
          discloses a system for removing, servicing (recharging) and                 
          replacing the batteries of battery-powered automatic guided                 
          vehicles (AGVs).  However, Bae does not disclose that the AGVs              
          are rented, nor any apparatus for servicing rental                          
          transactions.                                                               
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