Appeal No. 2001-2029
Application No. 09/095,170
OPINION
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as well
as disclosing structure which is capable of performing the
recited functional limitations. RCA Corp. v. Applied Digital
Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303,
313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
It is the examiner’s position that the instant claims are
anticipated by Bonta. In support of this allegation, with
respect to instant claim 1, the examiner points to Bonta’s
abstract and “entire disclosure” for the claimed preamble of
“locating a mobile telephone within a cellular telephone
communication network having a plurality of cells.” The examiner
points to Bonta’s Figures 2 and 3 for the claimed “dividing each
entire individual cell into a plurality of sections using a set
of substantially rectangular grids,” and to Bonta’s column 2,
line 59-column 5, line 45 for the claimed “collecting location
-3-
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007