Appeal 2007-2215
Application 09/918,287
1
2 16. Showghi discloses a system and method for enabling patrons at large-
3 scale spectator events at confined venues having identifiable seats to utilize
4 conventional or special hand-held and wireless communication devices to self-
5 order food, drink and souvenir items from remote order fulfillment locations
6 within the venue for delivery to identified seats. (Showghi, Abstract, ll. 1-6).
7 17. Each of the hand-held devices disclosed in Showghi has a display for
8 presenting a plurality of menus listing items for sale and/or offering services.
9 (Showghi, col. 2, ll. 6-11).
10 E. Principles of law
11 To establish anticipation under 35 U.S.C. § 102, each and every element in a
12 claim, arranged as is recited in the claim, must be found in a single prior art
13 reference. Karsten Mfg. Corp. v. Cleveland Golf Co., 242 F.3d 1376, 1383, 58
14 USPQ2d 1286, 1291 (Fed. Cir. 2001). Anticipation can be found when a claim
15 limitation is inherent or otherwise implicit in the relevant reference. Standard
16 Havens Products, Inc. v. Gencor Industries, Inc., 953 F.2d 1360, 1369, 21
17 USPQ2d 1321, 1328 (Fed. Cir. 1991). For establishing inherency, that which is
18 missing in the express description must necessarily be present and would be so
19 recognized by one with ordinary skill in the art. Continental Can Co. v. Monsanto
20 Co., 948 F.2d 1264, 1268, 20 USPQ2d 1746, 1749 (Fed. Cir. 1991).
21 While motivation is necessary to combine teachings, the motivation need not
22 be expressly stated in any prior art reference. In re Kahn, 441 F.3d 977, 989, 78
23 USPQ2d 1329, 1338 (Fed. Cir. 2006). There need only be an articulated reasoning
24 with rational underpinnings to support a motivation to combine teachings. In re
25 Kahn, 441 F.3d at 988, 78 USPQ2d at 1337. One with ordinary skill in the art is
26 presumed to have skills apart from what the prior art references explicitly say. See
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