Appeal No. 2001-1481
Application No. 09/088,976
The examiner relies on the following reference:
Saito et al. [Saito] 5,225,941 Jul. 6, 1993
Claims 1, 2 and 4 stand rejected under 35 U.S.C. 102(b) as
anticipated by Saito.
Claim 3 stands rejected under 35 U.S.C. 103 as unpatentable
over Saito.
Reference is made to the briefs and answer for the
respective positions of appellant and the examiner.
OPINION
We AFFIRM-IN-PART.
Under 35 U.S.C. 102(b), a reference must disclose,
explicitly or implicitly, every limitation of the claimed
invention. Glaxo Inc. v. Novopharm Ltd., 52 F.3d 1043, 1047, 34
USPQ2d 1565, 1567 (Fed. Cir.), cert. Denied, 516 U.S. 988 (1995).
It is the examiner’s position that Saito discloses each and
every element of the subject matter of claims 1, 2 and 4.
Taking claim 1, we agree that Saito discloses a driving
apparatus comprising an electromechanical transducer 12 that
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