Ex parte LOCOTOS - Page 5




          Appeal No. 1999-1529                                       Page 5           
          Application No. 08/366,985                                                  


               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The anticipation rejection                                                  
               We will not sustain the rejection of claim 39 under                    
          35 U.S.C. § 102(b) as being anticipated by Scott.                           


               To support a rejection of a claim under 35 U.S.C. §                    
          102(b), it must be shown that each element of the claim is                  
          found, either expressly described or under principles of                    
          inherency, in a single prior art reference.  See Kalman v.                  
          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).                       


               Claim 39 recites a method of supporting rock in a mine                 
          comprising, inter alia, the steps of (1) drilling a first bore              
          hole and a second bore hole; (2) inserting a resin cartridge                







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