Appeal No. 2004-0995
Application No. 09/984,546
and 409) within the hand-held interface 100 provides the video
buffering for the portable computer itself as claimed.
To the extent that we have applied the same art in a manner
somewhat differently than the examiner, this does not constitute
a new ground of rejection. See In re Boyer, 363 F.2d 455, 458
n.2, 150 USPQ 441, 444 n.2 (CCPA 1966) and In re Bush, 296 F.2d
491, 496, 131 USPQ 263, 267 (CCPA 1961). Furthermore, it is not
a new ground of rejection to cite additional portions of the same
reference relied upon by the examiner. In re Meinhardt, 392 F.2d
273, 280, 157 USPQ 270, 275 (CCPA 1968). We must consider a
reference in its entirety for what it fairly suggests to one
skilled in the art, and pointing to other portions of the same
reference used by the examiner is not viewed as being a new
ground of rejection. See In re Hedges, 783 F.2d 1038 1039, 228
USPQ 685, 686 (Fed. Cir. 1986). Appellant should not be
surprised by our reliance upon a different portion of Banerjee
because we must presume appellant read the entire reference.
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