Appeal No. 2005-0490 Application 09/399,065 us, that the disclosure of Li does not fully meet nor render obvious the invention as set forth in the claims on appeal. Accordingly, we reverse. We consider first the rejection of claims 1-10, 12-21 and 23-38 as being anticipated by Li. Anticipation is established only when a single prior art reference discloses, expressly or under the principles of inherency, each and every element of a claimed invention as well as disclosing structure which is capable of performing the recited functional limitations. RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). Appellants have indicated that for purposes of this appeal the claims subject to this rejection will stand or fall together in the following two groups: Group I has claims 1-7, 10, 12-18, 21, 23-31 and 34-38, and Group II has claims 8, 9, 19, 20, 32 and 33. Consistent with this indication appellants have made no separate arguments with respect to any of the claims within each group. Accordingly, all the claims within each group will stand or fall together. Note In re King, 801 F.2d 1324, 1325, -4-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007