Ex Parte Nakayama - Page 5



               Appeal 2007-3837                                                                            
               Application 10/631,897                                                                      

           1                                    35 U.S.C. § 102                                            
           2          “A person shall be entitled to a patent unless….the invention was                    
           3   patented or described in a printed publication in this or a foreign country or              
           4   in public use or on sale in this country, more than one year prior to the date              
           5   of the application for patent in the United States” 35 U.S.C. § 102(b).                     
           6          To anticipate a claim, a prior art reference must disclose every                     
           7   limitation of the claimed invention, either expressly or inherently.                        
           8   Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051,                    
           9   1053 (Fed. Cir. 1987).                                                                      
          10          The Board must give a claim its broadest reasonable construction.  In                
          11   re Bigio, 381 F.3d 1320, 1324, 72 USPQ2d 1209, 1210-11 (Fed. Cir. 2004).                    
          12   KCJ Corp. v. Kinetic Concepts, Inc., 223 F.3d 1351, 1356, 55 USPQ2d                         
          13   1835, 1839 (Fed. Cir. 2000).                                                                
          14                                                                                               
          15          E.   Analysis                                                                        
          16          The Examiner finally rejected claim 5 as being anticipated under 35                  
          17   U.S.C. § 102(b) by Christopher.  The Examiner made the requisite findings,                  
          18   applying Christopher to the claim, and explained how each limitation is met                 
          19   by Christopher.                                                                             
          20          Applicant argues that Christopher fails to describe “a plurality of                  
          21   signal lines arranged parallel to each other for producing in advance signals               
          22   that are shifted a number of bits necessary for operating on said input signal”             
          23   as recited in claim 5.                                                                      

                                                    5                                                      



Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: September 9, 2013