Appeal 2007-0351
Application 09/963,737
a cluster of members. A backup to the single master is never selected.
Instead of a backup to the master, Adelman describes a technique whereby a
member of the cluster competes for the position of master of the cluster
when the original master stops or is not properly operating as a master (col.
6, l. 40 to col. 7, l. 41).
PRINCIPLE OF LAW
Anticipation is established when a single prior art reference discloses
expressly or under the principles of inherency each and every limitation of
the claimed invention. Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342,
1347, 51 USPQ2d 1943, 1946 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475,
1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).
ANALYSIS
If Adelman never selects a backup to the master, then the method and
system described by Adelman is incapable of storing the identities of both a
master and a backup in all of the members of the cluster, and is incapable of
forwarding a communication from the master to a backup as set forth in the
claims on appeal.
CONCLUSION OF LAW
Anticipation has not been established by the Examiner because
Adelman fails to appoint a backup to the master.
DECISION
The anticipation rejection of claims 21 to 32 is reversed.
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Last modified: September 9, 2013