Ex Parte TOLSMA - Page 8




              Appeal No. 2002-1897                                                                 Page 8                
              Application No. 09/207,420                                                                                 

              code allows an entity to be identified, moreover, we also find that the code is unique at                  
              least within the organizational unit, viz., the class.  Therefore, we affirm the rejection of              
              claim 3.                                                                                                   


                     Third, the examiner asserts, "[a]s to claim 4, at least one conditional statement is                
              linked to one or more entities in the structure, which statement results in the outcome                    
              provided therein as soon as the set condition is fulfilled (column 17, lines 31-38)."  The                 
              appellant argues, "it is unclear how this or any other passage of the applied reference                    
              discloses at least one conditional statement linked to one or more entities in the                         
              structure, with such statement resulting in the outcome provided therein as soon as the                    
              set condition is fulfilled."  (Appeal Br. at 7.)                                                           


                     Claim 4 specifies in pertinent part the following limitations: "at least one                        
              conditional statement is linked to one or more entities in the structure, which statement                  
              results in the outcome provided therein as soon as the set condition is fulfilled."  Giving                
              the claim its broadest, reasonable construction, the limitations require at least one                      
              conditional statement, which results in an outcome specified therein when a specified                      
              condition is fulfilled, linked to at least one entity.                                                     


                     "[A]bsence from the reference of any claimed element negates anticipation."                         
              Kloster Speedsteel AB v. Crucible, Inc., 793 F.2d 1565, 1571, 230 USPQ 81, 84 (Fed.                        







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