Appeal No. 2001-2692 Page 11 Application No. 08/789,001 missing descriptive matter is necessarily present in the thing described in the reference, and that it would be so recognized by persons of ordinary skill.’" In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949, 1950-51 (Fed. Cir. 1999) (quoting Continental Can Co. v. Monsanto Co., 948 F.2d 1264, 1268, 20 USPQ2d 1746, 1749 (Fed. Cir. 1991)). Here, because a flip-flop "has two outputs," M. Morris Mano ("Mano") Computer System Architecture 22 (3d ed. 1993) (emphasis added) (copy attached),3 and "[t]he difference among various types of flip-flops is in the number of inputs they possess," id. (emphasis added), we find that inputs and outputs are necessarily present in the flip- flop of the reference. Therefore, we affirm the anticipation rejection of claims 2, 28, and 29 by Modarres. Third, observing that claim 30 "further limits the macro cells to include bi- directional cells," (Appeal Br. at 41), the appellants argue, "[t]he prior art of record does not contain this combination." (Id.) For its part, claim 30 further specifies in pertinent part the following limitations: "one or more of the number of macro cells are bi- 3Although references cannot be combined for anticipation, additional references may be used to interpret an anticipatory "reference and to reveal what it would have meant to one of ordinary skill at the time the invention was made." Studiengesellschaft Kohle, m.b.H.v. Dart Indus., Inc., 726 F.2d 724, 726-27, 220 USPQ 841, 842 (Fed. Cir. 1984). Here, we use Mano to interpret Modarres and to reveal what the latter reference would have meant to one of ordinary skill at the time the invention was madePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 3, 2007