Appeal No. 1997-3340 Page 7
Application No. 08/323,500
engaging and clamping units to be rotated while the other is kept stationary renders them
"independently" rotatable relative to one another.
For the foregoing reasons, we reverse the examiner's rejection of claims 1, 3-9, 14-17,
20, 21, 23-28, 32 and 34-37 under 35 U.S.C. § 112, second paragraph.
The anticipation rejection
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. RCA Corp.
v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.
1984). In other words, there must be no difference between the claimed invention and the
reference disclosure, as viewed by a person of ordinary skill in the field of the invention.
Scripps Clinic & Research Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d
1001, 1010 (Fed. Cir. 1991).
Turning first to the examiner's rejection of independent claim 1 as being anticipated by
the Ogino abstract, we agree with appellant (brief, page 23) that Ogino lacks binding plate
clamping means and binding plate engaging means which are coupled so as to rotate relative to
one another in opposite angular directions, as required by the claim. While the elastic members
(7) identified by the examiner as "plate engaging members" appear to move outwardly away
from the front binding plate engaging hook (6) as the binding plate (8) is inserted, we find no
disclosure in the Ogino abstract of any pedal components coupled so as to rotate relative to one
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