Appeal No. 2000-0550
Application 08/706,114
References
The reference relied on by the Examiner is as follows:
Basso et al. (Basso) 5,444,692 Aug. 22, 1995
Rejections at Issue
Claims 1 through 4 stand rejected under 35 U.S.C. § 102.
Rather than repeat the arguments of Appellant or the
Examiner, we make reference to the brief1 and the answer2 for the
details thereof.
OPINION
After a careful review of the record before us, we do not
agree with the Examiner that claims 1 through 4 are anticipated
by Basso.
It is axiomatic that anticipation of a claim under § 102 can
be found only if the prior art reference discloses every element
of the claim. See In re King, 801 F.2d 1324, 1326, 231 USPQ 136,
1Appellant filed an appeal brief on April 13, 1999. We will
refer to this appeal brief as simply the brief.
2The Examiner responded to the brief with an Examiner’s
answer dated June 8, 1999. We will refer to the Examiner’s
answer as simply the answer.
3
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