Ex Parte 6457239 et al - Page 19

              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.          

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