Appeal 2007-1400 Reexamination Control 90/006,825 Patent 6,457,239 B1 reexamination, claims are "given their broadest reasonable interpretation consistent with the specification, and limitations appearing in the specification are not to be read into the claims." In re Yamamoto, 740 F.2d 1569, 222 USPQ 934 (Fed. Cir. 1984). Moreover, because claims under reexamination can be amended, they do not enjoy a presumption of correctness. In re Etter, 756 F.2d 852, 858–59, 225 USPQ 1, 5-6 (Fed. Cir. 1985) (en banc). To establish anticipation under 35 U.S.C. § 102, each and every element in a claim, arranged as is recited in the claim, must be found in a single prior art reference. Karsten Mfg. Corp. v. Cleveland Golf Co., 242 F.3d 1376, 1383, 58 USPQ2d 1286, 1291 (Fed. Cir. 2001) ("Invalidity on the ground of 'anticipation' requires lack of novelty of the invention as claimed. The invention must have been known to the art in the detail of the claim; that is, all of the elements and limitations of the claim must be shown in a single prior reference, arranged as in the claim.") (citations omitted). The obviousness or nonobviousness of the claimed subject matter is to be assessed against the background of the scope and content of the prior art, the differences between the prior art and the claimed subject matter, and the level or ordinary skill in the pertinent art. Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 460 (1966). Numerous guidelines have been propounded to assist the conduct of this analysis. Recently, the Court explained, "If a person of ordinary skill can implement a predictable variation, §103 likely bars its patentability. . . . a court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. -19-Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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