Appeal No. 2003-0495 Page 9
Application No. 09/256,543
265, 275 are ceramic filters that have a center frequency of approximately 10.7 MHz
and an adjustable bandwidth that is capable of allowing either a single channel or a
subset of channels through. . . ." (Spec. at 8.) Interpreting the limitations in light of the
specification, claim 20 requires three bandpass filters having a center frequency of
approximately 10.7 MHz and an adjustable bandwidth that can pass more than one
channel, or equivalents thereof.
2. Anticipation Determination
"[A]bsence from the reference of any claimed element negates anticipation."
Kloster Speedsteel AB v. Crucible, Inc., 793 F.2d 1565, 1571, 230 USPQ 81, 84 (Fed.
Cir. 1986). Here, in obtaining the RSSI values of the five hopping channels, the
aforementioned subroutine of Ciccone "dwells on each of the five channels for
300 microseconds . . . during th[e] scan period." Col. 28, ll. 17-19. We agree with the
appellants that because "Ciccone discloses examining each one of the subset of . . .
channels, Ciccone inherently discloses a filter capable of allowing only one of the . . .
channels to pass through the filter at one time. . . ." (Appeal Br., § VIII.)
The absence of a showing of a filter that can pass more than one channel and of
three bandpass filters having a center frequency of approximately 10.7 MHZ and an
adjustable bandwidth that can pass more than one channel, or equivalents thereof,
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