Appeal No. 1996-3960
Application No. 08/380,444
Claims 1 through 4 and 8 stand rejected under 35 U.S.C.
§ 102 as being unpatentable over Gilbert.
Claims 1 through 4 and 7 through 11 stand rejected under
35 U.S.C. § 103 as being unpatentable over Gilbert.
Rather than reiterate the arguments of the Appellant and
the Examiner, reference is made to the Brief and Answer for
the respective details thereof.
Opinion
We will not sustain the rejection of Claims 1 through 4
and 8 under 35 U.S.C. § 102, nor will we sustain the rejection
of Claims 1 through 4 and 7 through 11 under 35 U.S.C. § 103.
We first consider the rejection under 35 U.S.C. § 102 as
being anticipated by over Gilbert. Anticipation is
established only when a single prior art reference discloses,
expressly or under the principles of inherency, each and every
element of a claimed invention as well as disclosing structure
which is capable of performing the recited functional
limitations. RCA Corp. v. Applied Digital Data Sys. Inc., 730
F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984), cert.
dismissed, 468 U.S. 1228 (1984); W. L. Gore & Assocs., Inc. v.
Garlock Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed.
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