Ex parte MAUDAL - Page 6




                Appeal No. 97-4056                                                                                 Page 6                     
                Application No. 08/238,926                                                                                                    


                781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984), it                                                             
                is only necessary for the claims to "'read on' something                                                                      
                disclosed in the reference, i.e., all limitations of the claim                                                                
                are found in the reference, or 'fully met' by it."                                                                            


                         We agree with the examiner that claim 20 "reads on" Parker                                                           
                and therefore Parker does anticipate claim 20.  We read claim 20                                                              
                on Parker as follows: In a harbor (Parker's bay or harbor 2)                                                                  
                having an entrance (Parker's strait 3) between the harbor and an                                                              
                open sea area (Parker's sea 4), the entrance being sufficiently                                                               
                unobstructed to permit free and continuous tidal propagation                                                                  
                therethrough (the appellant admits on page 19, lines 37-39, of                                                                
                the brief that the tide propagates through Havana Harbor as a                                                                 
                wave),  a system for cleansing the harbor (Parker's canal or2                                                                                                                   
                waterway 7 and head-producing mechanism 8) comprising: a conduit                                                              
                (Parker's canal or waterway 7) having first and second openings;                                                              
                said first opening placed within said harbor (Parker's canal or                                                               
                waterway 7 communicates with the upper end 5 of the bay or harbor                                                             
                2 and thus inherently has an outlet opening at the harbor end of                                                              


                         2Additionally, Parker specifies (page 1, lines 22-26) that                                                           
                harbors of the class specified have a narrow entrance or strait                                                               
                into which drives at regular intervals the tide from the sea, of                                                              
                which a portion with equal regularity recedes.                                                                                







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

Last modified: November 3, 2007