Appeal No. 2001-1480 Page 7
Application No. 09/129,285
traffic control devices such as speed limit or traffic signs,
traffic signals or traffic metering lights to regulate
traffic.
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984). In other words, there
must be no difference between the claimed invention and the
reference disclosure, as viewed by a person of ordinary skill
in the field of the invention. Scripps Clinic & Research
Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001,
1010 (Fed. Cir. 1991). In that Ayanoglu lacks a teaching
of transmitting traffic control signals to traffic control
devices as recited in claim 1, the examiner’s rejection of
claim 1, as well as claims 3 and 5-7 which depend from claim
1, as being anticipated by Ayanoglu must fail.1
The obviousness rejection
1See Kloster Speedsteel AB v. Crucible Inc., 793 F.2d 1565, 1571, 230
USPQ 81, 84 (Fed. Cir. 1986) ("absence from the reference of any claimed
element negates anticipation").
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