Appeal No. 2002-0480
Application 09/224,649
Claims 5 through 9, 12 and 14 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Parker in view of Anderie or
Sasaki.
Claims 5 through 9, 12 and 14 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Parker in view of any one of
Misevich, Turner, Frachey ‘060, Frachey ‘896, or Bacchiocchi.
Attention is directed to the appellant’s main and reply
briefs (Paper Nos. 24 and 26) and to the examiner’s answer (Paper
No. 25) for the respective positions of the appellant and the
examiner with regard to the merits of these rejections.1
DISCUSSION
I. The 35 U.S.C. § 102(b) rejection of claims 1 and 11
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).
1 In the final rejection (Paper No. 20), claims 20 and 26
stood rejected under 35 U.S.C. § 112, second paragraph, and under
35 U.S.C. § 103(a). The examiner withdrew these rejections and
allowed the claims as a result of an amendment subsequent to
final rejection (see Paper Nos. 21 and 22).
3
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