Appeal No. 2002-2090
Application 08/430,311
we have given the language of the claims its broadest reasonable
interpretation consistent with the specification, rather than its
most limited interpretation as urged by appellant
On the basis of the foregoing, we will sustain the
examiner’s rejection of claim 74 under 35 U.S.C. § 102(b) and
under 35 U.S.C. § 103 based on Givens. As has been made clear by
our reviewing Courts on numerous occasions, anticipation or lack
of novelty is the ultimate or epitome of obviousness. See, in
this regard, In re Fracalossi, 681 F.2d 792, 794, 215 USPQ 569,
571 (CCPA 1982); In re Pearson, 494 F.2d 1399, 1402, 181 USPQ
641, 644 (CCPA 1974).
In accordance with appellant’s grouping of the claims on
page 9 of the brief, we also conclude that claim 75 will fall
with claim 74, from which it depends.
The remaining claims subject to rejections under 35 U.S.C.
§ 102(b) and 35 U.S.C. § 103 based on Givens alone are process
claims 70 through 73, wherein claims 70 and 72 are independent
claims. In arguing claims 70 and 72 (brief, pages 14-15)
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