Appeal 2007-0796
Application 10/236,088
claim read on something disclosed in the reference, 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). While Fisher does not specify dimensions or indicate the drawings
are to scale, so as to permit precise dimensions to be determined, Figure 2
indicates the diameter of the cylindrical casing 19 is only slightly smaller
than that of the eraser of the mechanical pencil. We find this dimension
appears reasonably capable of accommodating therein at least very small
pills within the conventional pill size spectrum, thereby satisfying the claim
limitation at issue. The rejection is sustained.
Claims 25-28 and 33:
Appellant's argument as to why Fisher does not anticipate claims 25-
28 and 33 appears to be grounded on the position that Fisher does not
disclose both a cap and a container (App. Br. 23). This argument fails for
the reasons discussed above with regard to claim 11. The rejection is
sustained as to claims 25-28 and 33.
Rejection (4)
Joseph discloses a measuring tape comprising a casing 1 made up of a
top 2, bottom 3 and strip 5 forming a cylindrical wall; a fixed divided stud 6
anchoring one end 8 of a spiral spring 9; a drum 11 to which the other end
10 of spring 9 is secured; and a flexible tape 12 having one end secured to
drum 11 (Joseph, col. 2, ll. 4-18). Tape 12 extends through an opening 13 in
wall 5 between the ends 14 and 15 of the wall and has a finger loop 16 that
is larger than the opening 13 and thus prevents the tape from being retracted
entirely within casing 1 by the tension of spring 9 (Joseph, col. 2, ll. 18-24).
16
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