Ex Parte Walls et al - Page 6

                Appeal 2006-2281                                                                               
                Application 09/974,555                                                                         
                sustain this rejection as well.  We find no error in the Examiner’s assertion                  
                (Answer 8 and 21-22) that the ordinarily skilled artisan would have                            
                recognized that the display configuration data stored in the slave display                     
                devices 24-40 of Ludtke files would have been translated from the master                       
                device configuration files and would necessarily have file identifiers, i.e.,                  
                file names, in order to enable access from the master device 22.  As                           
                discussed by Ludtke (col. 22, ll. 1-5), each of the display devices 24-40 “has                 
                status data structure that can be examined by the master device 22.”  As also                  
                mentioned by the Examiner (Answer 22), Appellants’ Specification (8:6-8)                       
                recognizes that it is well known that “configuration options or commands                       
                may be specified through a configuration file that is stored under a known                     
                name an (sic, and) in a known location.”  We would further point out that it                   
                is well settled that, even if a reference fails to explicitly spell out every detail           
                of a claimed invention, such a reference would anticipate a claim if it                        
                discloses the claimed invention “such that a skilled artisan could take its                    
                teachings in combination with his own knowledge of the particular art and                      
                be in possession of the invention.”  In re Graves, 69 F.3d 1147, 1152,                         
                36 USPQ2d 1697, 1701 (Fed. Cir. 1995), quoting from In re LeGrice, 301                         
                F.2d 929, 936, 133 USPQ 365, 372 (CCPA 1962).                                                  
                                               CONCLUSION                                                      
                      In summary, we have sustained the Examiner’s 35 U.S.C. § 102(e)                          
                rejection of all the claims on appeal as being anticipated by Ludtke.                          
                Therefore, the decision of the Examiner rejecting claims 1-19 is affirmed.                     





                                                      6                                                        

Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: September 9, 2013