Appeal No. 1997-0330
Application 08/493,758
comprise "fluorine complexes having an optimum effective
fluoride content that corresponds to the maximum
solubility of the additives and wherein the fluoride
complex is present in concentrations exceeding its
solubility product."
The examiner argues that Kirman teaches an
electrolyte with the HBF fluoride complex at a
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concentration to give an excess of available F ions. The-
argument appears to be that if Kirman teaches providing
excess F ions, this necessarily teaches providing the-
complex in a concentration exceeding its solubility
product. We disagree. The test for anticipation is not
whether the prior art is broad enough to suggest a
claimed limitation. AF[o]r a prior art reference to
anticipate in terms of 35 U.S.C. ' 102, every element of
the claimed invention must be identically shown in the
single reference,@ In re Bond, 910 F.2d 831, 832, 15
USPQ2d 1566, 1567 (Fed. Cir. 1990). Here, Kirman does not
show a fluoride complex concentration in excess of its
"solubility product" and therefore Kirman does not
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