Appeal No. 2000-0326 Page 7
Application No. 08/644,465
phase shift, wherein the uncorrected phase shift is based on a
time between a base station's transmitted signal and a
corresponding signal received at the base station; means,
coupled to means for measuring, for comparing the measured
phase shift to a threshold to produce a comparison. . . .”
Accordingly, independent claims 1, 7, 11, and 14 require inter
alia determining a phase shift by measuring a time between a
base station's transmission of a signal and the base station’s
reception of a corresponding signal from a remote unit and
comparing the determined phase shift to a threshold.
Starting with the anticipation rejection of claim 7,
“having ascertained exactly what subject matter is being
claimed, the next inquiry must be into whether such subject
matter is novel.” Wilder, 429 F2d at 450, 166 USPQ at 548.
“A claim is anticipated only if each and every element as set
forth in the claim is found, either expressly or inherently
described, in a single prior art reference.” Verdegaal Bros.,
Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053
(Fed. Cir. 1987) (citing Structural Rubber Prods. Co. v. Park
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