Ex Parte Hocke et al - Page 6



          Appeal No. 2005-0919                                                        
          Application No. 10/224,258                                                  

          subject the appellants’ plastic panels to a buoyancy effect.                
          Because appealed claim 1 encompasses an embodiment wherein all              
          cavities are open (cf., the internal open spaces or interstices             
          of Kuriyama’s mats; again see lines 41-47 in column 6), the                 
          appellants’ claimed panels do not necessarily possess a buoyancy            
          characteristic.                                                             
               In summary, for the reasons set forth above and in the                 
          answer, appealed claim 1 is anticipated since each element set              
          forth in the claim is found, either expressly or inherently                 
          described, in the single prior art reference to Kuriyama.                   
          Constant, 848 F.2d at 1570, 7 USPQ2d at 1064.  We hereby sustain,           
          therefore, the examiner’s Section 102 rejection of all appealed             
          claims as being anticipated by Kuriyama.                                    











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