Appeal No. 1999-1045
Application No. 08/651,759
longitudinal centerline of a support assembly top surface and a
second of the protrusions being located on another side of the
centerline, each protrusion comprising a head having a top
surface comprising a material selected to promote friction with
the associated inanimate structure when in contact therewith.
The examiner views the above independent claims as
anticipated by the Brewer patent.
A prior art reference anticipates the subject matter of a
claim when that reference discloses every feature of the claimed
invention, either explicitly or inherently. See In re Schrieber,
128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997). It
must be keep in mind, however, that an anticipation rejection
cannot be based upon an ambiguous reference where there is
speculation as to what the reference may or may not teach.
See In re Turlay, 304 F.2d 893, 899, 134 USPQ 355, 360 (CCPA
1962).
In the present case, a reading of the overall disclosure of
Brewer reveals to us that one skilled in the art would not have
been taught, with any degree of certainty, as to the material or
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