Ex parte BORCEA et al. - Page 5




          Appeal No. 95-4336                                                          
          Application 08/057,898                                                      


          magnet means" as defining the same structure as "a magnet".                 
               Given our construction of the claim language, it is                    
          evident that claim 16 is not anticipated by Montelius, because              
          Montelius does not disclose structure meeting the claim                     
          limitations of a magnet "spaced from said circumscribing end                
          wall of said coil housing" and a movable header cylinder core               
          (42 of Montelius) "disposed about said magnet means [magnet]                
          within the space defined between said circumscribing end wall               
          of said coil housing and said magnet means [magnet]."                       
          Contrary to these limitations,                                              


          Montelius' magnet 35 is located outside the core 42, at the                 
          circumscribing end wall of housing 33, and a core 40 is                     
          located within core 42.  While the recited magnet structure                 
          and Montelius' magnet structure may be functionally                         
          equivalent, as the examiner asserts on page 6 of the second                 
          supplemental answer (Paper No. 22), that is not sufficient,                 
          since to anticipate a claim, a reference must disclose                      
          expressly or inherently all of the limitations recited in the               
          claim.  In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429,               
          1431 (Fed. Cir. 1997).  As noted above, Montelius does not                  
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