Ex Parte Aulick - Page 6




              Appeal No. 2003-1554                                                                  Page 6                
              Application No. 09/552,063                                                                                  


                     We do note, however, that claim 1 reads on Anderson in the following manner.                         
              Anderson discloses a self-contained hydraulic power unit for powering a hydraulic                           
              cylinder 223 comprising a hydraulic pump 525, a solenoid valve 515, a hydraulic                             
              reservoir tank 511 and a hydraulic accumulator 531 having a single inlet/outlet port                        
              (note line 533).  As illustrated in Figure 5, the inlet side of the tank 511 is fluidly                     
              connected to the return side of the valve 515 via line 521, the outlet side of the tank 511                 
              is fluidly connected to the inlet side of the pump 525 via line 527, the discharge side of                  
              the pump 525 is fluidly connected to the inlet/outlet port on the accumulator 531 via line                  
              533, the inlet/outlet port of the accumulator 531 is fluidly connected to the inlet side of                 
              the valve 515 via lines 533 and 535 and the outlet side of the valve 515 is fluidly                         
              connected to the hydraulic cylinder 223 via lines 517 and 519.                                              
                     As Anderson, one of the references relied upon in rejecting claim 1 under 35                         
              U.S.C. § 103, discloses each and every limitation of claim 1, as detailed above,                            
              Anderson anticipates claim 1 under 35 U.S.C. § 102(b).  A disclosure that anticipates                       
              under 35 U.S.C. § 102 also renders the claim unpatentable under 35 U.S.C. § 103, for                        
              "anticipation is the epitome of obviousness."  Jones v. Hardy, 727 F.2d 1524, 1529, 220                     
              USPQ 1021, 1025 (Fed. Cir. 1984).  See also 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,                                











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