Appeal No. 2002-0540 Page 5
Application No. 09/589,434
Reading "compact flash expansion slot" and "compact flash expansion card" in
light of the specification, claims 1 and 18 require an expansion slot and an expansion
slot, respectively, that complies with the industry standard CF+ types I or II slot defined
by the compact flash CF+ specification maintained by the Compact Flash Association of
Palo Alto, California. Claim 8 requires an expansion slot and an expansion card that
both comply with the industry standard CF+ types I or II slot defined by the same
specification of the same Association.
2. ANTICIPATION AND OBVIOUSNESS DETERMINATIONS
"Having construed the claim limitations at issue, we now compare the claims to
the prior art to determine if the prior art anticipates those claims." In re Cruciferous
Sprout Litig., 301 F.3d 1343, 1349, 64 USPQ2d 1202, 1206 (Fed. Cir. 2002). "To
establish inherency, the extrinsic evidence 'must make clear that the 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)) "Inherency . . .
may not be established by probabilities or possibilities. The mere fact that a certain
thing may result from a given set of circumstances is not sufficient." In re Oelrich, 666
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