Appeal No. 2002-0040 Page 4
Application No. 08/937,392
file on the network and not downloaded; creating an entry in the catalog corresponding
to a network address of the second file; and assigning the link text as a description of
the second file." Similarly, claim 6 specifies in pertinent part the following limitations:
"[a] method of constructing an entry in a catalog of files stored on a network, comprising
. . . using the address information and the link text to create an entry in the catalog for a
file not downloaded for processing.” Giving the independent claims their broadest,
reasonable construction, the limitations require creating an entry for a file not
downloaded for processing in a catalog of files stored on a network.
“[H]aving ascertained exactly what subject matter is being claimed, the next
inquiry must be into whether such subject matter is novel.” In re Wilder, 429 F2d 447,
450, 166 USPQ 545, 548 (CCPA 1970). “A claim is anticipated only if each and every
element as set forth in the claim is found, either expressly or inherently described, in a
single prior art reference.” Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987) (citing Structural Rubber Prods. Co. v. Park
Rubber Co., 749 F.2d 707, 715, 223 USPQ 1264, 1270 (Fed. Cir. 1984); Connell v.
Sears, Roebuck & Co., 722 F.2d 1542, 1548, 220 USPQ 193, 198 (Fed. Cir. 1983);
Kalman v. Kimberly-Clark Corp., 713 F.2d760, 771, 218 USPQ 781, 789 (Fed. Cir.
1983)). “[T]here is no anticipation ‘unless all of the same elements are found in exactly
the same situation and united in the same way . . . in a single prior art reference.’"
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