Appeal No. 96-2266
Application 08/156,794
In order to anticipate a claim, a reference must
disclose, expressly or under principles of inherency, each and
every element of the claimed invention. RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.), cert. dismissed, 468 U.S. 1228 (1984). An
element expressed in terms of means plus function is not
anticipated unless the reference discloses structure capable
of performing the functional limitation of the means. Id.
In the present case, claim 1 requires a “means for
connecting into the blood vessel to continuously introduce
liquid based material into or remove liquid based material
from the blood vessel.” The examiner does not explain, and it
is not apparent to us, where Christian discloses structure
capable of performing this function. The trocar shown by
Christian in Figure 8 is a solid instrument, and as noted
above, it is disclosed for use in penetrating the abdominal
wall, after which it is withdrawn from tube 42 and instruments
are inserted through the tube into the abdominal cavity.
There is no disclosure of introducing anything into or
removing anything from a blood vessel, nor is it evident that
what is disclosed would be capable of performing such a
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