Appeal No. 2000-1555
Application No. 08/922,929
element and to include a flexible portion and a straighter
portion. The flexible portion is further recited to be
deformable between a curved configuration (when mounted on the
wearable element) and a straighter configuration (when in use).
Additionally, the claim requires that the handset be biased to
the straighter configuration. We find that Appellant’s
specification defines the claimed bias as automatically adopting
the straighter configuration when the handset is released from
its curved position on the wearable element (specification, page
6). Therefore, deforming the handset into its curved
configuration requires an external force and means for holding
the handset in place while the straighter configuration is
automatically assumed when the handset is released.
A rejection for anticipation under section 102 requires that
each and every limitation of the claimed invention be disclosed
in a single prior art reference. In re Paulsen, 30 F.3d 1475,
1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994). See also Atlas
Powder Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943,
1947 (Fed. Cir. 1999).
We observe that Blonder, in figures 1-3, discloses a
portable wrist radiotelephone including telephone case 4 which is
attached to multilayer strap 10 (col. 2, lines 35-38).
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