Appeal No. 96-2649
Application 08/418,875
through 46). As described by Portal,
[p]rogressively as the head 24 penetrates within the
workpiece, the balls 26 expand the metal of which said
workpiece is formed and cause the said metal to creep
into the grooves of the [die] shells 4. If special
precautions were not taken, the rubbing contact of the
head would tend to draw the metal of the internal
portion of the workpiece in the longitudinal direction.
This would be the case if the frusto-conical head were
to bear directly against the workpiece and if said head
were endowed solely with a movement of translation.
. . .
In accordance with the present invention, the head
is fitted with rolling members consisting in the form
of embodiment shown of balls 26 which reduce the
rubbing friction of the tube and virtually transform
the action of the head into a radial stress within the
workpiece. The swash-plate motion of the head which
imposes on the rolling members an oblique movement
relatively to the axis limits to an even greater extent
the longitudinal effort which is exerted on the
internal portion of the workpiece [column 4, lines 3
through 29].
We shall not sustain the standing 35 U.S.C. § 102(b)
rejection of independent claim 1, or of claims 13, 14, 16, 17, 22
and 23 which depend therefrom, as being anticipated by Portal.
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
Claim 1 recites a method of manufacturing a tubular member
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