Appeal No. 2004-2032 Application No. 09/729,498 legal principle that anticipation cannot be predicated on conjecture. W.L. Gore & Assocs. v. Garlock, Inc., 721 F.2d at 1554, 220 USPQ at 314. Stated otherwise, under § 102, a reference must clearly and unequivocally disclose the claimed invention or direct those skilled in the art thereto. In re Arkley, 455 F.2d 586, 587, 172 USPQ 524, 526 (CCPA 1972). Here, no portion including column 6 of the Lewis patent clearly and unequivocally discloses the compatibility determining function and step claimed by the Appellants. Finally, it appears the Examiner erroneously considers the programmed control means of Lewis to perform this claimed determining function and step. In view of these aforenoted errors by the Examiner, we cannot sustain his § 102 rejection of claims 1-4, 10 and 24-27 as being anticipated by Lewis. As for the § 103 rejection, the additional reference to Baxter, as applied and relied upon by the Examiner, does not supply the deficiencies of Lewis. It follows that we also cannot sustain the § 103 rejection of claims 5, 9, 11, 14-18, 22, 30 and 31 as being unpatentable over Lewis in view of Baxter. 88Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007