Appeal No. 2003-0050
Application 09/240,208
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
inherency, each and every element of a 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).
The examiner has indicated how he finds the claimed
invention to be fully met by Shelton [answer, page 4].
Appellants argue that Shelton does not perform any of the steps
recited in independent claims 17 and 44. The examiner responds
that Shelton analyzes and maintains information about visitors to
a web site which is equivalent to the claimed first and second
activities. The examiner further asserts that the hypertext link
disclosed by Shelton “could be used” for keeping track of
referrals to a program to evaluate visitors to a web site
[answer, pages 10-11]. Appellants respond that the sections of
Shelton relied on by the examiner fail to support the examiner’s
findings. Specifically, appellants argue that Shelton does not
disclose predetermining a first and second set of web site
-4-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007