Ex Parte Gray et al - Page 3


          Appeal No. 2005-1361                                                        
          Application No. 09/798,287                                      3           

          examiner’s rationale in support of the rejections and arguments             
          in rebuttal set forth in the examiner’s answer.                             
               It is our view, after consideration of the record before us,           
          that the evidence relied upon supports each of the examiner’s               
          rejections.  Accordingly, we affirm.                                        
          We consider first the rejection of claims 1-4, 6-11, 13, 16-                
          20, 22-27, 29 and 32 under 35 U.S.C. § 102(b) as being                      
          anticipated by the disclosure of Dow.  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).                              
          The examiner has indicated how he finds the claimed                         
          invention to be fully met by the disclosure of Dow [answer, pages           
          6-12].  With respect to independent claim 1, appellants argue               
          that Dow fails to teach reading status values from a plurality of           
          status registers as claimed, but instead, teaches reading the               
          status values of one UUT at a time.  Appellants also argue that             





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