Appeal No. 96-0928
Application 08/310,971
arguments. As a result, we conclude that the rejections of the
appealed claims cannot be sustained.
Considering first the § 102(b) rejection based on Cartmell,
it is well settled that for a reference to be properly
anticipatory, each and every element of the rejected claim must
be found either expressly described or under the principles of
inherency in the applied reference. See, inter alia, RCA Corp.
v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir.), cert. dismissed, 468 U.S. 1228 (1984). It
follows that the absence from the reference of any element of a
claim negates anticipation of that claim by the applied
reference. See Kloster Speedsteel AB v. Crucible Inc., 793 F.2d
1565, 1571, 230 USPQ 81, 84 (Fed. Cir. 1986), cert. denied, 479
U.S. 1034 (1987).
In the present case, independent claims 1, 10 and 19 are
limited to a hydrogel which is partially dehydrated by removal of
water. These independent claims also provide that the partially
dehydrated hydrogel is impregnated into the absorbent layer such
that the hydrogel can absorb wound exudate “upon contact with the
said wound.”
According to the examiner’s position as set forth on page 4
of the answer, the hydrogel impregnated in Cartmell’s absorbent
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