Appeal No. 1999-1110
Application No. 08/665,755
Reference is made to the briefs and answer for the respective positions of
appellant and the examiner.
OPINION
We REVERSE.
In order to anticipate under 35 U.S.C. § 102(b), a reference must disclose, either
directly, or by way of inherency, each and every claimed element. One may not speculate
as to what a reference may or may not teach in applying a rejection under this statutory
section.
The examiner applies Braun and Caille, alternatively, against the subject matter of
instant claims 1-12. In applying these references, at page 2 of the final rejection, the
examiner cites Braun as disclosing an integrated transceiver antenna, with transverse stub
antennas 10 mounted as a flat array upon a wall 14 including a housing, transceiver,
electronics package 42, 44, 46 with high and low transceivers having a baseband signal
connection, controller, power supply and RF coupler, etc. coaxial feeder 28 and support
fixing means 62. It is the examiner’s position that Braun’s transceiver “is deemed to
include the circuitry as now recited.” [final rejection, page 2.]
While it is not entirely clear to us how the specific elements of Braun, identified by
the examiner, correspond to the claimed elements, it is clear to us that “deeming” is
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