Ex parte KIETZER - Page 5




                 Appeal No. 1998-2026                                                                                                                   
                 Application No. 08/508,738                                                                                                             

                 teachings,  and the respective viewpoints of appellant and the3                                                                                                                    
                 examiner.  As a consequence of our review, we make the                                                                                 
                 determinations which follow.                                                                                                           


                          Initially, we note that anticipation under 35 U.S.C.                                                                          
                 § 102(b) is established only when a single prior art reference                                                                         
                 discloses, either expressly or under principles of inherency,                                                                          
                 each and every element of a claimed invention.  See In re                                                                              
                 Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.                                                                             
                 Cir. 1997); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d                                                                            
                 1671, 1673 (Fed. Cir. 1994); In re Spada, 911 F.2d 705, 708,                                                                           
                 15 USPQ2d 1655, 1657 (Fed. Cir. 1990); and RCA Corp. v.                                                                                
                 Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ                                                                         
                 385, 388 (Fed. Cir. 1984).  However, the law of anticipation                                                                           
                 does not require that the reference teach specifically what an                                                                         
                 appellant has disclosed and is claiming but only that the                                                                              
                 claims on appeal "read on" something disclosed in the                                                                                  


                          3In our evaluation of the applied references, we have                                                                         
                 considered all of the disclosures of each document for what it                                                                         
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966).                                                                                                                                 

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