Appeal No. 1999-1109
Application No. 08/359,904
rejection we cite below the well established law for this ground
of rejection.
A prior art reference anticipates the subject of a claim
when the reference discloses every feature of the claimed
invention, either explicitly or inherently, See Hazani v. Int'l
Trade Comm'n, 126 F.3d 1473, 1477, 44 USPQ2d 1358, 1361 (Fed.
Cir. 1997) and
RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440,
1444,
221 USPQ 385, 388 (Fed. Cir. 1984).
We now consider each of the references separately.
Gudmundson
Examiner rejects claims 11-13, 15 and 21 as anticipated by
Gudmundson. The Examiner, at pages 5 and 6 of the answer,
explains in detail the rejection of these claims. In
particular, the Examiner, inter alia, makes reference to figure
5 of Gudmundson. Appellant argues, brief at page 8, “Gudmundson
et al. only relates to use of a radio telephone in a single type
of radio telephone system; such as a TDMA system or a CDMA
system. The single radio telephone system is divided up in
different cell layers ....”
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