Ex parte FAIN - Page 5




          Appeal No. 1999-2556                                                        
          Application 08/774,848                                                      


          bait compartments 8 formed by an apertured cylindrical wall 9               
          and partitions 7 disposed on the base in surrounding relation               
          to the wall 6, an insect poison compartment 11 formed by a rim              
          4 disposed about the periphery of the base, and a canopy 12                 
          disposed above the foregoing elements.                                      
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under 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).  It is not necessary that               
          the reference teach what the subject application teaches, but               
          only                                                                        
          that the claim read on something disclosed in the reference,                
          i.e., that all of the limitations in the claim be found in or               
          fully met by the reference.  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 44 reads on the exterminator disclosed by Watson.                
          More particularly, Watson’s exterminator certainly constitutes              
          an “animal control device” as recited in the preamble of claim              
          44, with Watson’s base 1, lure compartment 6a, cylindrical                  

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