Ex Parte AFILANI - Page 2




          Appeal No. 2001-2031                                                         
          Application No. 09/071,825                                                   


               Representative independent claim 13 is reproduced as                    
          follows:                                                                     
               13.  A method for locating a target inanimate entity with a             
          locating device, the method comprising detecting a polarization              
          charge pattern in accordance with a spatially non-uniform                    
          electric field pattern by a dielectrophoresis force exhibited by             
          the target inanimate entity.                                                 

               The examiner relies on the following reference:                         
          Bakhoum                5,300,889                Apr. 5, 1994                 


               Claims 8 and 13 stand rejected under 35 U.S.C. 102(b) as                
          anticipated by Bakhoum.                                                      
               Claims 1-7, 14 and 15 stand rejected under 35 U.S.C. 103 as             
          unpatentable over Bakhoum.                                                   
               Reference is made to the briefs and answer for the                      
          respective positions of appellant and the examiner.                          


                                       OPINION                                         


               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).            

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