Appeal No. 2006-2424 Page 2
Application No. 10/318,196
interpolation system for performing interpolation between said digital data is provided
and the data obtained after interpolation are written in said memory, wherein a means for
measuring the time difference between the time base and the trigger is provided and
addresses for writing said digital data into said memory are controlled so that said time
difference is corrected.
The examiner relies on the following reference:
Osawa JP 08-173431 July 9, 1996
Claims 2-4 and 6-9 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
the disclosure of Osawa.
Rather than repeat the arguments of appellants or the examiner, we make reference
to the briefs and the answer for the respective details thereof.
OPINION
We have carefully considered the subject matter on appeal, the rejection advanced
by the examiner and the evidence of anticipation relied upon by the examiner as support
for the rejection. We have, likewise, reviewed and taken into consideration, in reaching
our decision, the appellants’ arguments set forth in the briefs along with the examiner’s
rationale in support of the rejection and arguments in rebuttal set forth in the examiner’s
answer.
It is our view, after consideration of the record before us, that the disclosure of
Osawa does not fully meet the invention as set forth in claims 2-4 and 6-9. Accordingly,
we reverse. We enter a new ground of rejection, however, using our authority under 37
CFR § 41.50(b).
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 Sys., Inc., 730 F.2d 1440, 1444, 221
USPQ 385, 388 (Fed. Cir. 1984); W.L. Gore and Assocs. v. Garlock, Inc., 721 F.2d 1540,
1554, 220 USPQ 303, 313 (Fed. Cir. 1983).
The examiner has indicated how the invention of claims 2-4 and 6-9 is deemed to be
fully met by the disclosure of Osawa [answer, pages 4-5].
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