Appeal No. 2006-1734
Application 09/855,624
communication techniques in Aziz. Aziz has extensive teachings of using
conventional TCP/IP communication techniques in the Internet within the
general teachings of the networks taught in this reference such as the
specific reference at the middle of column 2 mentioned by the examiner in
the answer. The examiner has also made reference to the detailed
description paragraph at the bottom of column 4 of Aziz which has
corresponding teachings with respect to networks appellants are relying
upon as an environment of use as well.
The rule that anticipation requires that every element of a claim
appears in a single reference accommodates situations where the common
knowledge of “technologists” is not recorded in a reference, i.e., where
technical facts are known to those in the field of the invention. Continental
Can Co. v. Monsanto Co., 948 F.2d 1264, 1269, 20 USPQ2d 1746, 1749-50
(Fed. Cir. 1991). Similarly, In re Graves, 69 F.3d 1147, 1152, 36 USPQ2d
1697, 1701 (Fed. Cir. 1995), confirms the longstanding interpretation that
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