Appeal 2007-1481
Application 09/915,091
8. Once sufficiently wide interference-free bandwidth is
identified, wireless communication is established (col. 9, ll. 25-29).
9. During the process of scanning carrier frequency positions, if
interference is detected at a position, the system must re-start the process of
attempting to identify contiguous interference-free frequencies (col. 9, ll. 12-
14 and 30-32).
10. Each carrier frequency position is a narrow band channel (Fig.
2: C11, C12, C13, etc.).
PRINCIPLES OF LAW
Anticipation is established when a single prior art reference discloses
expressly or under the principles of inherency each and every limitation of
the claimed invention. Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342,
1347, 51 USPQ2d 1943, 1946 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475,
1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).
Although the claims are interpreted in light of the specification,
limitations from the specification are not read into the claims. See In re Van
Geuns, 988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993).
ANALYSIS
Appellants argue that Van De Berg does not anticipate claim 1,
because Van De Berg does not disclose the step of “‘combining the
interference information of said each of the frequency bands to produce a
signal quality indication’” (Br. 5:3-5). Appellants concede that Van De Berg
discloses comparison of individual narrow band frequencies against a
threshold value to determine that each narrow band frequency is essentially
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