Ex parte HIRATA - Page 5




          Appeal No. 2001-2192                                                        
          Application 09/116,906                                                      


          separator 1, wire mesh contact sheets 2 and 3, and conductive               
          contacts 4, with or without delay circuit 7, collectively                   
          constitute a pressure sensitive sheet sensor, such sensor is                
          not associated with a seat pad having a slit of the type                    
          recited in claim 11.  In response, the examiner points to                   
          Fontaine’s statement that “contact is sensed between contact                
          sheets 2 and 3 by the delay circuit 7” (column 2, lines 28 and              
          29), and urges that “since the middle area was not clearly                  
          defined ‘as to its extent on the seat pad’                                  
          that part of the corner area [encompassed by Fontaine’s slot                
          10] would in fact lie within the ‘middle area’ in its                       
          ‘broadest interpretation’” (answer, page 4).                                
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under 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                   



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