Appeal No. 2006-0512 Page 5
Application No. 10/150,318
In re Hyatt, 211 F.2d 1367, 1372, 54 USPQ2d 1664, 1667 (Fed. Cir.
2000). When the independent claims on appeal are so interpreted,
the external test equipment limitation thereof is anticipatorily
satisfied by the external control circuit of Kelly for the
reasons set forth above and in the answer.
In light of the foregoing, we hereby sustain the examiner’s
§ 102 rejection of claims 1-13 as being anticipated by Kelly. We
also hereby sustain the examiner’s alternative § 103 rejection of
claim 7 as being unpatentable over Kelly in view of Braun since
the appellant has presented no argument against this rejection
which is additional to the unpersuasive argument previously
considered.
The decision of the examiner is affirmed.
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