Ex Parte Blair et al - Page 2



               Appeal No. 2006-1139                                                                                                
               Application No. 09/740,977                                                                                          


                       slate including a plurality of cycles for operating said laundry appliance in a                             
                       particular environment, each cycle including at least one operational parameter of                          
                       said laundry appliance; and                                                                                 
                              means for selecting a desired slate from among said                                                  
                       plurality of slates.                                                                                        
                       The examiner relies on the following references:                                                            
               Beachem et al. (Beachem)     4,084,237  Apr. 11, 1978                                                               
               Manson  et al. (Manson)     4,977,394      Dec. 11, 1990                                                            
                       Claims 1, 3-15, and 17-20 stand rejected under 35 U.S.C. §103 as unpatentable                               
               over Beachem in view of Manson.                                                                                     
                       Claims 2 and 16 stand rejected under 35 U.S.C. §102 (b) as anticipated by                                   
               Beachem.                                                                                                            
                       Reference is made to the briefs and answers for the respective positions of                                 
               appellants and the examiner.                                                                                        
                                                             OPINION                                                               
                       A rejection for anticipation under section 102 requires that the four corners of a                          
               single prior art document describe every element of the claimed invention, either                                   
               expressly or inherently, such that a person of ordinary skill in the art could practice the                         
               invention without undue experimentation.  In re Paulsen, 30 F.3d 1475, 1478-79, 31                                  
               USPQ2d 1671, 1673 (Fed. Cir. 1994).                                                                                 
                       With regard to claims 2 and 16, the examiner takes the position that Beachem                                
               teaches the laundry appliance comprising a CPU (column 21, lines 50-56), a plurality of                             
               slates programmed into the CPU (column 21, lines 16-20), each slate including a                                     
               plurality of cycles for operating the laundry appliance (column 22, lines 21-27), each                              

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