Ex Parte Berkoff et al - Page 4




             Appeal No. 2004-1069                                                          Page 4              
             Application No. 09/569,616                                                                        


             927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).  When the claimed                     
             invention is not identically disclosed in a reference, and instead requires picking and           
             choosing among a number of different options disclosed by the reference, then the                 
             reference does not anticipate.  Thus, the invention must have been known to the art in            
             the detail of the claim; that is, all of the elements and limitations of the claim must be        
             shown in a single prior reference, arranged as in the claim.  See Karsten Mfg. Corp. v.           
             Cleveland Gulf Co., 242 F.3d 1376, 1383, 58 USPQ2d 1286, 1291 (Fed. Cir. 2001);                   
             Akzo N.V. v. International Trade Commission, 808 F.2d 1471, 1480, 1 USPQ2d 1241,                  
             1245-46 (Fed. Cir. 1986), cert. denied, 107 S.Ct. 2490 (1987); In re Arkley, 455 F.2d             
             586, 587-88, 172 USPQ 524, 526 (CCPA 1972).                                                       


                   Claim 1, the only independent claim on appeal, reads as follows:                            
                          Input and display device provided with an output screen and means for                
                   determining a position of a pointing device relative to a position at the output            
                   screen, said means for determining comprising elongated radiation sources                   
                   along two substantially nonparallel sides of the output screen for radiating                
                   radiation in beams to opposing sides of the output screen, which beams are                  
                   substantially parallel to a surface of the output screen characterized in that a            
                   lighting system for the output screen is provided, which lighting system                    
                   comprises a substantially flat light guide and in that the elongated radiation              
                   sources comprise means stretching along two substantially non-parallel end                  
                   sides of the flat light guide for coupling radiation into the flat light guide, which       
                   means for coupling radiation into the flat light guide have radiation output                
                   windows with tangential dimensions (E) larger than a thickness dimension (D) of             
                   the flat light guide, which tangential dimensions (E) are in a direction                    
                   substantially orthogonal to a surface of the flat light guide, which surface of the         
                   flat light guide is substantially parallel to the surface of the output screen, and         
                   which means for coupling radiation into the flat light guide protrude above an              







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