Appeal No.2000-2244 Page 2
Application No. 08/660,709
Electronic Meters, chs. 5-6 (circa 19901) and U.S. Patent No. 4,298,839 ("Johnston").
(Req. Reh'g at 1.)
Rather than reiterate the positions of the examiner or appellants in toto, we
address the main point of contention therebetween. "The Examiner points to column 5,
line 65 to column 7, column 23, of Johnston where it is indicated that kilowatt hours and
kilowatt demand are stored in RAM and selectively read out on an eight digit display or
impulse signal." (Examiner's Answer at 4-5.) The appellants argue, "those are not
different 'types' of electrical energy." (Req. Reh'g at 3.)
"Analysis begins with a key legal question -- what is the invention claimed?"
Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.
Cir. 1987). Here, claim 23 specifies in pertinent part the following limitations:
"generating energy signals representative of said multiple types of electrical energy. . .
." Accordingly, the limitations require generating signals representing at least two
(different) types of electrical energy.
1The examiner asserts that "[t]he date of the reference titled 'Quantum Electronic
Meter. . .' is taken to be 1990 because it refers to the Model Q200 and Product Bulletin
10255, also submitted, refers to Model Q200. Product Bulletin 10255 has a date of
1990 or prior to 1990." (Final Rejection at 2.)
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