Ex Parte Carbin et al - Page 3



          Appeal No. 2005-0646                                       Page 3           
          Application No. 10/278,184                                                  

          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of anticipation and obviousness relied upon by the examiner as              
          support for the rejections.  We have, likewise, reviewed and                
          taken into consideration, in reaching our decision, the                     
          appellants’ arguments set forth in the briefs along with the                
          examiner’s rationale in support of the rejections and arguments             
          in rebuttal set forth in the examiner’s answer.                             
          It is our view, after consideration of the record before                    
          us, that the evidence relied upon supports each of the examiner’s           
          rejections of the claims on appeal.  Accordingly, we affirm.                
          We consider first the rejection of claims 15-18 and 23-28                   
          as being anticipated by the disclosure of Lee.  Anticipation is             
          established only when a single prior art reference discloses,               
          expressly or under the principles of inherency, each and every              
          element of a claimed invention as well as disclosing structure              
          which is capable of performing the recited functional                       
          limitations.  RCA Corp. v. Applied Digital Data Systems, Inc.,              
          730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert.                   
          dismissed, 468 U.S. 1228 (1984); W.L. Gore and Associates, Inc.             
          v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed.              





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