Ex parte ROSE et al. - Page 6




             Appeal No. 2001-1895                                                           Page 6               
             Application No. 09/235,180                                                                          


             because it does not illustrate the precise point at which each of the claimed method steps          
             occur.  Nor, because of the explanation from the patent quoted above, is there reason to            
             believe that the conclusion is merely guesswork, as alleged by the appellants.  A reference         
             anticipates a claim if it discloses the claimed invention such that a skilled artisan could         
             take its teachings in combination with his own knowledge of the particular art and be in            
             possession of the invention.  In re Graves, 69 F.3d 1147, 1152, 36 USPQ2d 1697, 1701                
             (Fed. Cir. 1995), cert. denied, 116 S.Ct. 1362 (1996), quoting from In re LeGrice, 301              
             F.2d 929, 936, 133 USPQ 365, 372 (CCPA 1962).  In this regard, the appellants have                  
             presented no evidence which would support a conclusion that even though frictional                  
             contact between the two conical surfaces has been achieved, as described in the above               
             quotation from the specification, synchronization actually has not begun.                           
                   The rejection of claim 6 is sustained.  In view of the fact that the appellants have          
             chosen to group claim 7 with claim 6 (Brief, page 3), we also will sustain the rejection of         
             claim 7.                                                                                            






                                                  SUMMARY                                                        
                   The rejection is sustained.                                                                   









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