Appeal No. 2002-0933
Application No. 09/325,944
principles of inherency, each and every element or limitation of
a claimed invention. See In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir. 1984). Since Rague clearly does not disclose each
and every element of the system defined in appellant's claim 1 on
appeal, it follows that we will not sustain the examiner's
rejection of that claim under 35 U.S.C. § 102(b) as being
anticipated by Rague.
Claims 2 through 7 depend either directly or indirectly from
claim 1 and thus include all the limitations thereof. Therefore,
the examiner's rejection of dependent claims 2 through 7 under
35 U.S.C. § 102(b) as being anticipated by Rague is also not
sustained.
Regarding the rejection of claims 9, 14 and 15 under
35 U.S.C. § 102(b) as being anticipated by Rague, the examiner
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