Ex Parte ZUEHLKE et al - Page 5




          Appeal No. 2003-1570                                                        
          Application 08/748,986                                                      


          of the winches commence simultaneously (see page 2, line 86 et              
          seq.).                                                                      
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under principles of inherency,            
          each and every element of a claimed invention.  RCA Corp. v.                
          Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ              
          385, 388 (Fed. Cir. 1984).  In other words, there must be no                
          difference between the claimed invention and the reference                  
          disclosure, as viewed by a person of ordinary skill in the field            
          of the invention.  Scripps Clinic & Research Found. v. Genentech            
          Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).           
               Guerrero does not meet the limitations in independent claim            
          17, and the corresponding limitations in independent claims 22              
          and 25, requiring the first ends of the ropes to be wound on the            
          hoisting mechanisms, the relative amount by which the ropes are             
          taken up to be sensed and the operation of at least one of the              
          hoisting mechanisms to be adjusted based on a processor routine             
          operating in response to the sensing.  Notwithstanding the                  
          examiner’s findings to the contrary (see pages 3 and 5 in the               
          answer), a person of ordinary skill in the art would not view               
          Guerrero’s cable storage reels 20 and 22, which perform no                  
          hoisting function, as constituting part of Guerrero’s hoisting              


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