Appeal No. 2003-1558
Application No. 09/464,841
OPINION
We REVERSE.
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 Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303,
313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Independent claim 1 requires, inter alia, an analysis of
first and second images “to determine the proximity of the user’s
face to the camera” and providing “display data to the display
device dependent upon the proximity of the user’s face to the
camera.”
The examiner purports to find these elements in Koizumi at
column 7, line 32 through column 8, line 6; and at column 2,
lines 15-23 and column 7, line 63+, respectively. In particular,
the examiner appears to be relying on the “aspect ratio” of
-3–
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