Appeal No. 95-4354
Application 08/137,633
pressure which showing the examiner does not dispute , it is 4
clear that the parameters of Tsang do not anticipate the 3.2 psia
to 13.4 psia of the instant claims as originally alleged by the
examiner. RCA Corp. v. Applied Digital Data Systems, Inc., 730
F.2d 1440, 1444, USPQ 385, 388 (Fed. Cir. 1984). (Anticipation
within 35 U.S.C. § 102 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).
Accordingly, based on this record the decision of the
examiner is reversed.
REVERSED
RONALD H. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARC L. CAROFF )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
4The examiner entered and considered applicant's reply
brief but he did not deem a response to applicant's arguments as
necessary. See Paper No. 13.
6
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