Appeal No. 2004-1980
Application No. 10/153,200
the invention without undue experimentation. See Atlas Powder
Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947
(Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d
1671, 1673 (Fed. Cir. 1994). The inquiry as to whether a
reference anticipates a claim must focus on what subject matter
is encompassed by the claim and what subject matter is described
by the reference. As set forth by the court in Kalman v.
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed.
Cir. 1983), it is only necessary for the claims to “‘read on’
something disclosed in the reference, i.e., all limitations of
the claim are found in the reference, or ‘fully met’ by it.” See
also Atlas Powder Co. v. IRECO Inc., 190 F.3d at 1346, 51 USPQ2d
at 1945 (Fed. Cir. 1999) (quoting Titanium Metals Corp. v.
Banner, 778 F.2d 775, 781, 227 USPQ 773, 778 (Fed. Cir. 1985)).
Appellants argue that the claimed “customer transfer
controller” and the “vendor transfer controller” as well as their
capabilities in receiving various types of information, as
recited in claims 31 and 32, are not disclosed by Shkedy (brief,
pages 8 & 9; reply brief, page 7). Appellants further contend
that the communications between a plurality of buyers and a
plurality of sellers in the network of Shkedy are indirect and
facilitated through an intermediary, i.e., central controller 200
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