Appeal No. 2001-0815
Application 08/803,947
during which user generation of a predefined cancellation signal
cancels performance of the predetermined function. See pages 5
and 6 of the Brief. Appellants argue that Furuno fails to teach
user generation of a predefined cancellation signal during the
delay. Nor does Furuno teach cancelling performance of the off-
hook position in response to the cancellation signal during the
delay period. See page 7 of the Brief.
The Examiner responds to the above Appellants’ argument
by stating that Furuno discloses a time delay before placing the
telephone in an off-hook state. The Examiner states that those
skilled in the art would have appreciated that the user in Furuno
can cancel the automatic off-hook operation if he closes the lid
element 105 before a predetermined time lapse. The Examiner
points to Furuno, column 5, lines 37-52; column 6, lines 33-38;
column 7, line 47 - column 8, line 4; and column 8, lines 53-58.
See page 6 of the Examiner’s Answer.
It is axiomatic that anticipation of a claim under
§ 102 can be found only if the prior art reference discloses
every element of the claim. See In re King, 801 F.2d 1324, 1326,
231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann Maschinenfabrik
GMBH v. American Hoist & Derrick Co. , 730 F.2d 1452, 1458,
221 USPQ 481, 485 (Fed. Cir. 1984).
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