Appeal No. 97-2884
Application 07/824,855
recited elements of the claimed infusion apparatus (see pages
2 and 3 in Paper No. 23, and page 5 in the answer). Be this
as it may, the claims do contain functional language which
sets forth the relationship between the fluid delivery bag and
the other recited elements with a reasonable degree of
precision and particularity. In this light, it is not
apparent, nor has the examiner specifically explained, why the
absence of language reciting a positive structural connection
between these elements renders the appealed claims indefinite.
The 35 U.S.C. § 102(b) rejection of claims 58, 60 and 61
as being anticipated by Cohen is unsound because Cohen does
not meet the limitations in these claims requiring the platen
to have a non-planar bottom surface configuration which is
complementary to the bottom contour of the second shell or
chamber. In this regard, 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).
-5-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007