Appeal No. 2005-1123 Page 6
Application No. 10/062,921
that old product patentable. In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429,
1431 (Fed. Cir. 1997). In this case, Hosono’s remote control transmitter is fully capable,
without modification, of being used for controlling a motorized window covering having
an IR receiver.
In light of the above, we conclude that Hosono anticipates2 claim 15. A
disclosure that anticipates under 35 U.S.C. § 102 also renders the claim unpatentable
under 35 U.S.C. § 103, for "anticipation is the epitome of obviousness." Jones v. Hardy,
727 F.2d 1524, 1529, 220 USPQ 1021, 1025 (Fed. Cir. 1984). See also In re
Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982); In re Pearson, 494
F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA 1974).
Moreover, it would have been obvious, in view of the combined teachings of
Kovach and Hosono, to provide a remote control transmitter for Kovach’s powered
window assembly comprising both an infrared light emitter for transmitting an encoded
infrared light signal carrying commands for moving the window covering and a visible
laser beam emitter, with the infrared light beam being superimposed on the visible light
beam, as illustrated in Figure 4 of Hosono. The motivation for providing such a remote
2 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. RCA Corp. v. Applied Digital
Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984). In other words, there must be
no difference between the claimed invention and the reference disclosure, as viewed by a person of
ordinary skill in the field of the invention. Scripps Clinic & Research Found. v. Genentech Inc., 927 F.2d
1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991). It is not necessary that the reference teach what
the subject application teaches, but only that the claim read on something disclosed in the reference, i.e.,
that all of the limitations in the claim be found in or fully met by the reference. Kalman v. Kimberly Clark
Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).
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