Appeal No. 2001-0226
Application 09/009,122
opening 17a, a screen 18 covering the rear wall opening, an
electrocution grid 20-23 mounted just inside the screen, a
cylindrical conduit 24 mounted to the inside of the front wall,
an electric motor 28 and a fan disposed within the conduit, a
fluorescent lamp 34 fixed to the outside of the front wall, a
transformer 39 fixed to the underside of the top wall, an
electrical light bulb 43 mounted to the inside of side wall 13,
and a bottom tray 48-50. Figures 1 through 4 illustrate the
structural relationships between these 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).
Independent claim 1 recites an insect killing apparatus
comprising, inter alia, contiguous outer and inner walls forming
an air space therebetween, an interior chamber enclosed by the
inner and outer walls, a source of heat for heating the air space
and an electrocution grid located within the interior chamber.
According to the examiner (see page 2 in the final rejection and
pages 3 and 4 in the answer), Gagliano’s top wall 11, conduit 24
and the space therebetween meet the claim limitations relating to
3
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