Appeal No. 2002-1316
Application No. 09/049,036
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).
Accepting the examiner’s finding (see page 5 in the answer)
that Rostek’s magnetic strip 28 and conductive metal strip 36
respectively constitute a magnetic strip and an electrically
conductive layer of the sort recited in independent claim 10, the
Rostek gasket still does not meet the limitation in the claim
requiring the electrically conductive layer to conductively
connect the first and third sides of the magnetic strip.
Instead, Rostek’s conductive metal strip 36 conductively connects
the “third” or bottom side of magnetic strip 28 with the top side
of foam strip 30. Hence, Rostek does not disclose each and every
element of the magnetic gasket recited in claim 10.
Therefore we shall not sustain the standing 35 U.S.C.
§ 102(b) rejection of independent claim 10 and dependent claims
11 through 16 as being anticipated by Rostek.
We also shall not sustain the standing 35 U.S.C. § 102(b)
rejection of independent claim 17 as being anticipated by Rostek.
Claim 17 requires the magnetic gasket recited therein to
comprise three distinct elements: a magnetic strip, an adhesive
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