Ex parte LEE et al. - Page 4




          Appeal No. 96-0982                                                          
          Application 08/163,812                                                      


          evidence of anticipation relied upon by the examiner as                     
          support for the rejection.  We have, likewise, reviewed and                 
          taken into consideration, in reaching our decision, the                     
          appellants’ arguments set forth in the briefs along with the                
          examiner’s rationale in support of the rejection and arguments              
          in rebuttal set forth in the examiner’s answer.                             
          It is our view, after consideration of the record                           
          before us, that the disclosure of Larson does not fully meet                
          the invention as set forth in claim 8.  Accordingly, we                     
          reverse.                                                                    
          Anticipation is established only when a single prior                        
          art reference discloses, expressly or under the principles of               
          inherency, each and every element of a claimed invention as                 
          well as disclosing structure which is capable of performing                 
          the recited functional limitations.  RCA Corp. v. Applied                   
          Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,              
          388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.                
          Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,                  
          1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469                 
          U.S. 851 (1984).                                                            


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