Ex parte MOSTKOFF - Page 7




          Appeal No. 96-3404                                                          
          Application 08/145,775                                                      


          patenting.                                                                  
               Turning to the rejection of claim 1 under 35 U.S.C. §                  
          102(e) as being anticipated by Waters, it is well settled that              
          an anticipation under § 102 is established only when a single               
          prior                                                                       





          art reference discloses, either expressly or under the                      
          principles                                                                  
          of inherency, each and every element of a claimed invention.                
          RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d                   
          1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).  The law of                 
          anticipation,                                                               
          however, does not require that the reference teach what the                 
          appellant is claiming, but only that the claims on appeal                   
          "read on" something disclosed in the reference.  See Kalman v.              
          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983).                                                           
               According to the appellant:                                            


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007