Appeal No. 2000-0330 Page 8
Application No. 08/684,871
“Analysis begins with a key legal question -- what is the
invention claimed?” Panduit Corp. v. Dennison Mfg. Co., 810 F.2d
1561, 1567, 1 USPQ2d 1593, 1597 (Fed. Cir. 1987). Here,
claims 18 and 19 specify in pertinent part the following
limitations: "calculation means for calculating a time shift
between packets received on said main path and on said substitute
path. . . ." Accordingly, the claims require inter alia
calculating a shift in time between packets received via a main
path and packets received via a substitute path.
“[H]aving ascertained exactly what subject matter is being
claimed, In re Wilder, 429 F.2d 447, 450, 166 USPQ 545, 548 (CCPA
1970), we the turn to the anticipation and obviousness of the
subject matter. “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
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