Appeal 2007-1444
Application 10/732,497
measured equilibrium pressure with a minimum acceptable pressure for
the measured ambient temperature. For example, the “VERY LOW
REFRIGERANT CHARGE NOT DETECTED” condition of Scoccia
provides an indication that actual pressure is at or above minimum
allowable pressure (Scoccia, col. 2, ll. 13-34), but does not show by how
much or determine a corresponding amount of refrigerant charge loss on
an absolute or percentage basis.
PRINCIPLES OF LAW
“A claim is anticipated only if each and every element as set forth in the
claim is found, either expressly or inherently described, in a single prior art
reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987). Analysis
of whether a claim is patentable over the prior art under 35 U.S.C. § 102 begins
with a determination of the scope of the claim. We determine the scope of the
claims in patent applications “not solely on the basis of the claim language, but
upon giving claims their broadest reasonable construction ‘in light of the
specification as it would be interpreted by one of ordinary skill in the art.’”
Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir.
2005) (en banc) (quoting In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364,
70 USPQ2d 1827, 1830 (Fed. Cir. 2004)). The properly interpreted claim must
then be compared with the prior art.
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