Ex Parte Kern et al - Page 6




          Appeal No. 2002-1173                                                         
          Application No. 09/510,640                                                   


          point where the dip occurred.  There is no predetermined state,              
          such as those defined in a reset, that the integrated circuit is             
          to be set at before any other instructions begin.  Absent any                
          statement in the specification to the contrary, the claims simply            
          require that the operation during which the dip in the supply                
          voltage happened, be performed again after the supply voltage                
          returns to the normal level.                                                 
               However, based on a review of the record before us, we find             
          that the Examiner incorrectly corresponds the claimed “repeating             
          operations of the integrated circuit” to “continuing to provide              
          the operation that was provided for” since “repeating” is not the            
          same as “continuing.”  Additionally, we disagree with the                    
          Examiner’s position that the claimed “repeating the operation”               
          does not require reconstruction of the operation and therefore,              
          reads on generating the reset signal of Hsieh (answer, page 6).              
          In fact, the Examiner appears to have overlooked the ordinary                
          meaning of the term “repeating” which requires that the affected             
          operation be simply performed again.                                         
               A rejection for anticipation under section 102 requires that            
          each and every limitation of the claimed invention be disclosed              
          in a single prior art reference.  See Atlas Powder Co. v. Ireco              
          Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999);            

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