Appeal No. 2002-1324
Application No. 09/024,111
1. A method of retrieving a program for execution on a computer
system, the program stored in a file on the computer system and including
a first set of program code, the method comprising:
(a) retrieving the file;
(b) generating a second set of program code from the first set of
program code; and
(c) associating the second set of program code with the file using a
file attribute.
The examiner relies on the following reference:
Schwartz et al. [Schwartz] 5,047,918 Sep. 10, 1991
Claims 1-69 stand rejected under 35 U.S.C. § 102 (b) as anticipated by
Schwartz.
Reference is made to the brief (supplemental brief-Paper No. 12-June 22, 2001)
and answer (Paper No. 13) for the respective positions of appellant and the examiner.
OPINION
Under 35 U.S.C. § 102 (b), 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. 1984); 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).
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