Appeal 2006-3245
Application 10/383,224
part of the surveillance area the source of the disturbance is to be found (Hirvonen,
col. 12, ll. 45-52).
The resistivity of the water between the electrodes is a threefold integral of
the conductivity of the medium in that part of the surveillance area, where the
boundary conditions are: water level, topography of the bottom, and conductivity
of the water (Hirvonen, col. 12, ll. 53-59).
To simplify the calculation, Hirvonen teaches that an average depth of the
water in the measured area can be used for the water level (Hirvonen, col. 12, ll.
66-69).
PRINCIPLES OF LAW
“A claim is anticipated only if each and every element as set forth in the
claim is found, either expressly or inherently described, in a single prior art
reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).
“To establish inherency, the extrinsic evidence must make clear that the
missing descriptive matter is necessarily present in the thing described in the
reference, and that it would be so recognized by persons of ordinary skill.
Inherency, however, may not be established by probabilities or possibilities. The
mere fact that a certain thing may result from a given set of circumstances is not
sufficient.’ ” In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949, 1950-51 (Fed.
Cir. 1999) (citations omitted).
To determine whether a prima facie case of obviousness has been
established, one must consider the factors set forth in Graham v. John Deere Co.,
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