Ex Parte HERBST et al - Page 3



         Appeal No. 2004-0511                                                       
         Application 09/375,817                                                     

         respective details thereof.                                                


         OPINION                                                                    
         We have carefully considered the subject matter on                         
         appeal, the rejections advanced by the examiner and the evidence           
         of anticipation and obviousness relied upon by the examiner as             
         support for the rejections.  We have, likewise, reviewed and               
         taken into consideration, in reaching our decision, the                    
         appellants’ arguments set forth in the briefs along with the               
         examiner’s rationale in support of the rejections and arguments            
         in rebuttal set forth in the examiner’s answer.                            
         It is our view, after consideration of the record before                   
         us, that the evidence relied upon does not support either of the           
         examiner’s rejections.  Accordingly, we reverse.                           
         We consider first the rejection of claims 1-33 as being                    
         anticipated by the disclosure of Wallman ’098.  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.,             
                                        -3-                                         




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