Appeal No.95-2807
Application 07/944,653
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 Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir. 1984).
In the present case, appellant does not take issue with the
examiner’s finding that each of Favrou’s elements or
configurations 148 and 149, which constitute the magnetic gaps
according to the examiner, lie between a head peak of a tape
sliding surface and a tape departure point downstream from the
head peak as recited in appealed claim 1. Appellant also does not
specifically challenge the examiner’s finding on page 6 of the
answer that a magnetic gap is an inherent part of each of
Favrou’s transducers 140 and 142. Indeed, it is noteworthy that
appellant’s illustration of the magnetic gaps 1A and 2A (Figure
1) and also magnetic gaps 1 and 2 (Figure 3) closely resembles
the configurations designated by the reference numerals 148 and
149 in the Favrou patent. In any case, we are satisfied that
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