Appeal No. 96-0563 Application 07/540,839 time of appellants' invention, as reflected by the applied references, it is our conclusion that the examiner's rejection of claims 30 and 31 under 35 U.S.C. § 103 is well founded, but that the rejections of claim 30 under 35 U.S.C. § 102(b) and of claim 32 under 35 U.S.C. § 103 are not well founded. Our reasoning for this determination follows. Considering first the rejection of claim 30 under § 102(b), we initially observe that an anticipation under 35 U.S.C. § 102(b) is established only when a single prior art reference discloses, either expressly or under the principles of inherency, each and every element of a claimed invention. See Constant v. Advanced Micro-Devices, Inc., 848 F.2d 1560, 1570, 7 USPQ2d 1057, 1064 (Fed. Cir.), cert. denied, 488 U.S. 892 (1988); RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.1984). Additionally, the law of anticipation does not require that the reference teach what the appellants are claiming, but only that the claims on appeal "read on" something disclosed in the reference, i.e., all limitations of the claim are found in the reference. See Kalman v. Kimberly- 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007