Appeal 2007-1095
Application 09/944,171
something disclosed in the reference, i.e., all limitations of the claim are
found in the reference, or ‘fully met’ by it.” While all elements of the
claimed invention must appear in a single reference, additional references
may be used to interpret the anticipating reference and to shed light on its
meaning, particularly to those skilled in the art at the relevant time. See
Studiengesellschaft Kohle v. Dart Indus., Inc., 726 F.2d 724, 726-727, 220
USPQ 841, 842-843 (Fed. Cir. 1984).
From our review of the Examiner’s rejection of independent claim 1,
we find that the Examiner has at least established a requisite initial showing
of anticipation of independent claim 1 and shown that Fig. 10 of Jun clearly
teaches all of the limitations as recited in independent claim 1. Therefore,
we look to Appellants’ arguments to show error in the Examiner’s showing.
Appellants state “Admittedly, Fig. 10 of the patent itself could be a
basis for this rejection.” But Appellants contend that Fig. 10 contradicts the
remaining parts of the patent specification (Br. 5). Appellants speculate that
the symbols used in the figure have been used to indicate a large area of
diodes instead of a stacked arrangement (Br. 5). Appellants then go through
a lengthy analysis of the remainder of Jun patent and circuitry of Fig. 9.
While the analysis appears to be accurate, it is with reference to a mere two
dimensional slice of a larger three dimensional circuit which would be used
to function as depicted in Fig. 10 (Br. 5-8). While we find Appellants’
analysis helpful, we cannot agree that Appellants’ speculation on the
operation of the circuit in Fig. 9 is determinative that the clear and definitive
teachings of Fig. 10 are in error. While we do find the text of Jun addressing
the circuit of Fig. 10 to be very brief, the circuit on its face is clear and the
brief description of the circuit does not identify any clear error in the circuit
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