Ex Parte Bahrenburg et al - Page 6




              Appeal No. 2004-1573                                                                Page 6                
              Application No. 09/494,780                                                                                


              1270 (Fed. Cir. 1984); Connell v. Sears, Roebuck & Co., 722 F.2d 1542, 1548, 220                          
              USPQ 193, 198 (Fed. Cir. 1983); Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 771,                        
              218 USPQ 781, 789 (Fed. Cir. 1983)).  "[A]bsence from the reference of any claimed                        
              element negates anticipation." Kloster Speedsteel AB v. Crucible, Inc., 793 F.2d 1565,                    
              1571, 230 USPQ 81, 84 (Fed. Cir. 1986).                                                                   
                     Here, Sato "relates to a mobile communication system which includes a base                         
              station and a mobile station communicable with the base station. . . ."  Col. 1, ll. 10-12.               
              In Figure 7 of the reference, a "transmission signal td is exemplified which is transmitted               
              from the mobile station, such as MS1, to the base station, such as BS1.  The                              
              transmission signal td is transmitted in the form of a burst as shown in FIG. 7 and                       
              includes a preceding signal series, a following signal series, and a training signal series               
              intermediate between the preceding and the following signal series.  The training signal                  
              series may have a pattern known in the art. . . ."  Col. 9, ll. 18-27.                                    




















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