Appeal No. 2005-0097
Application No. 09/645,172
Ubillos is not prior art under 35 U.S.C. § 102(b)2 with respect
to the subject matter recited in claims 9 through 13, 28 through
32 and 40.
Moreover, even if the rejection had been properly made under
35 U.S.C. § 102(e),3 it would still be unsound because Ubillos
does not disclose each and every element of the subject matter
set forth in the claims so rejected.4
Ubillos pertains to a scalable scroll controller, displayed
on a graphical user interface, which is capable of being
manipulated through a mouse to allow a user to locate a precise
point in a musical composition, film, textual document or like
database. Figures 4, 5A and 5B depict such a controller as a
2 35 U.S.C. § 102(b) states that a person shall be entitled
to a patent unless “the invention was patented or described in a
printed publication in this or a foreign country or in public use
or on sale in this country, more than one year prior to the date
of the application for patent in the United States.”
3 35 U.S.C. § 102(e) states in pertinent part that a person
shall be entitled to a patent unless “the invention was described
in . . . a patent granted on an application for patent by another
filed in the United States before the invention by the applicant
for patent.”
4 Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007