Appeal 2006-3269
Application 10/734,811
Gal discloses that the recipient’s computer with a Web browser produces the
dynamically-created Web page. The dynamically-created Web page is a personal
invitation age for a user of the system. When the user clicks on a personal
invitation page, the server produces an HTML document constructed from the
database 90. Gal discloses that the user’s dynamically-created Web page can
contain invitations for multiple events. (Gal 5: 21-25, Figure 5).
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).
“[A]rguments that the alleged anticipatory prior art is ‘nonanalogous art’ or
‘teaches away from the invention’ or is not recognized as solving the problem
solved by the claimed invention, [are] not ‘germane’ to a rejection under section
102.” Twin Disc, Inc. v. United States, 231 USPQ 417, 424 (Cl. Ct. 1986) (quoting
In re Self, 671 F.2d 1344, 1350-51, 213 USPQ 1, 7 (CCPA 1982)). The question
whether a reference “teaches away” from the invention is inapplicable to an
anticipation analysis. Celeritas Techs. Ltd. v. Rockwell Int’l Corp., 150 F.3d 1354,
1361, 47 USPQ2d 1516, 1522-23 (Fed. Cir. 1998) (The prior art was held to
anticipate the claims even though it taught away from the claimed invention.)
To determine whether the claims are anticipated, we must first construe the
meaning of the word “e-mail” as used by Appellants in the claims. We determine
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