Appeal No. 1998-2183
Application No. 08/529,195
cylinder (portion) of less than 5 ml, and a protective cap of
soft material covering an injection needle so that the needle
pierces the protective cap and is thereby sealed.
The rejection of appellants' claims under 35 U.S.C.
§ 102(b) is not well founded. As acknowledged by the5
examiner (answer, page 3), a filling volume of less than 5 ml
is not set forth in Sudo. Further, it is apparent to us that
such a filling volume is not inherent in the Sudo teaching.
Additionally, the Sudo document fails to address a protective
cap of soft material covering an injection needle so that the
needle pierces the protective cap and is thereby sealed.
Since the Sudo reference fails to disclose, either expressly
or under principles of inherency, each and every element of
5Anticipation 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).
6
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