Appeal No. 96-1809
Application 08/094,724
shape or from a plastic material such as nylon (col. 3, lines
30-32 and 53-55). In another form, the dispensing elements
are constructed from a group of straight fibers resembling a
small brush (150) (col. 3, lines 56-59).
Harrison fails to describe:
1. “applying onto a transfer element having a
liquid-impermeable surface for supporting a liquid,”
a quantity of liquid sample over the supporting
surface, and
2. “placing the transfer element liquid-supporting
surface in contact with all of said surface area of
a test element at once.”
“A claim is anticipated only if each and every element as set
forth in the claim is found, either expressly or inherently
described, in a single prior art reference.” Verdegaal Bros.,
Inc. v. Union Oil Co. of California, 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987).
A. Harrison fails to describe “applying onto a transfer
element having a liquid-impermeable surface for
supporting a liquid,” a quantity of liquid sample
over the supporting surface
At the outset, we note that there appears to be a dispute
as to the interpretation of claim 1. More specifically, there
appears to be a dispute as to whether claim 1 only requires
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