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").Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007