Appeal No. 2001-0605
Application No. 08/811,827
structure which is capable of performing the recited functional
limitations. RCA Corp. v. Applied Digital Data Systems, Inc., 730
F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert. dismissed,
468 U.S. 1228 (1984); W.L. Gore and Associates, Inc. v. Garlock,
Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983),
cert. denied, 469 U.S. 851 (1984).
With respect to independent claims 1 and 5, the Examiner
attempts to read the various limitations on the disclosure of
Omoto. In particular, the Examiner directs attention (Answer, page
3, which references the final Office action, paper no. 4) to the
illustration in Figure 1 of Omoto along with the accompanying
description beginning at column 1, line 40 of Omoto.
Appellant’s arguments in response assert a failure of Omoto to
disclose every limitation in each of independent claims 1 and 5 as
is required to support a rejection based on anticipation. After
reviewing the Omoto reference in light of the arguments of record,
we are in general agreement with Appellant’s position as expressed
in the Briefs.
We note initially that we do not find to be persuasive
Appellant’s contention (Brief, pages 3 and 4; Reply Brief, page 2)
that, in contrast to the claimed invention in which a determination
is made whether the received signal strength of a satellite
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