Ex Parte Bushey et al - Page 5



          Appeal No. 2006-1876                                                       
          Application No. 09/877,522                                                 
          without undue experimentation.  See Atlas Powder Co. v. IRECO              
          Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999);          
          In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed.           
          Cir. 1994).  The inquiry as to whether a reference anticipates a           
          claim must focus on what subject matter is encompassed by the              
          claim and what subject matter is described by the reference.  As           
          set forth by the court in Kalman v. Kimberly-Clark Corp., 713              
          F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), it is only              
          necessary for the claims to A>read on= something disclosed in the          
          prior art reference, i.e., all limitations of the claim are found          
          in the reference, or >fully met= by it.@  See also Atlas Powder            
          Co. v. IRECO Inc., 190 F.3d at 1346, 51 USPQ2d at 1945 (Fed. Cir.          
          1999) (quoting Titanium Metals Corp. of Am. v. Banner, 778 F.2d            
          775, 781, 227 USPQ 773, 778 (Fed. Cir. 1985)).                             
               In determining the subject matter encompassed by claim 1, we          
          agree with the Examiner that the claim merely requires Areceiving          
          software@ that facilitates communication between the camera and a          
          device.  However, Anderson >749 does show the received software            
          in Figure 12 in a way that functions such as interfacing with              
          functions in the tool box may become available (col. 12, lines 5-          
          8).  We also remain unconvinced by Appellants= argument that the           
          references say nothing about receiving software to facilitate              

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