Appeal 2007-1248
Application 10/324,441
claimed selective coupling of the shared contact to the data and power
circuits based on the type of peripheral plugged into the jack. Romao's
shared contact 44 is coupled to data circuit 52 and to power circuit 34
regardless of the type of peripheral plugged into the jack. See Romao, Fig.
3. Contact 44 is not coupled to the power circuit when charging control
switch is open. However, charging control switch 35 is closed manually by
the user or automatically when the battery goes below a charging threshold
and is opened when the battery reaches the charging threshold. See Romao,
paragraph 17. Thus, Romao's shared contact is not coupled to the power
circuit based on the type of peripheral plugged into the jack, but rather based
on the charging state of the battery.
"It is axiomatic that anticipation of a claim under § 102 can be found
only if the prior art reference discloses every element of the claim." In re
King, 801 F.2d 1324, 1326, 231 USPQ 136, 138 (Fed. Cir. 1986). See also
Lindemann Maschinenfabrik GMBH v. American Hoist and Derrick Co.,
730 F.2d 1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984). Since Romao
fails to disclose the claimed sensing of the type of peripheral and the claimed
selective coupling to the data circuit or the power circuit based on the sensed
peripheral type, Romao cannot anticipate independent claims 1, 17, and 25,
nor their dependents, claims 3, 5, 7 through 16, 19, 21 through 24, 28, 29,
and 31.
Claims 13 and 30 add a limitation of sensing the signal characteristic
or condition of the connector contacts as an ac or a dc signal. The Examiner
asserts (Answer 8) that "it would have been obvious to modify Romao, such
that the control circuit senses said signal characteristics as one of a dc signal
and an ac signal, to provide a method of switching to the appropriate power
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