Appeal No. 2006-3034 Page 6
Application No. 09/855,115
1383, 58 USPQ2d 1286, 1291 (Fed. Cir. 2001); Scripps Clinic & Research
Foundation v. Genentech, Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001,
1010 (Fed. Cir. 1991). Anticipation of a patent claim requires a finding that
the claim at issue “reads on” a prior art reference. Atlas Powder Co. v.
IRECO, Inc., 190 F.3d 1342, 1346, 51 USPQ2d 1943, 1945 (Fed Cir. 1999)
(“In other words, if granting patent protection on the disputed claim would
allow the patentee to exclude the public from practicing the prior art, then
that claim is anticipated, regardless of whether it also covers subject matter
not in the prior art.”) (internal citations omitted).
With respect to independent claim 1, appellants argue that Dieterich
does not disclose reading the stored data out of the buffer at a bit rate
determined at least partially by the fullness of the buffer [brief, page 6,
emphasis added]. With respect to independent claim 6, appellants argue
that Dieterich fails to disclose a buffer coupled to receive encoded field data
from the encoding stage and arranged to subsequently output the stored
data at a bit rate determined at least partially by the fullness of the buffer
[brief, page 8, emphasis added].
The examiner disagrees [answer, page 5]. The examiner notes that
Dieterich shows buffer 690 (fig. 6) and buffer 714 (fig. 7) with arrows going
in and out from the buffer(s) that indicate the data being read in and out is
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