Appeal No. 2002-1672
Application No. 09/412,124
claimed invention as well as disclosing structure which is
capable of performing the recited functional limitations. RCA
Corp. v. Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228
(1984); W.L. Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d
1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
With respect to the anticipation rejection of independent
claims 1 and 12 based on Circello, the Examiner attempts to read
the various limitations on the Circello reference. In
particular, the Examiner (Answer, page 7 and 17) points to
various passages at columns 18, 19, 22, 25, 26, and 29 of
Circello.
Appellants’ arguments in response assert a failure of
Circello to disclose every limitation in independent claims 1 and
12 as is required to support a rejection based on anticipation.
At pages 13 and 14 of the Brief and pages 2 and 3 of the Reply
Brief, Appellants’ arguments focus on the contention that,
contrary to the Examiner’s interpretation of the disclosure of
Circello, there is no disclosure that instructions are acquired
before and after a triggering event as claimed.
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