Ex parte RICH - Page 11




                Appeal No. 96-4144                                                                               Page 11                      
                Application No. 08/169,019                                                                                                    


                panel in the slot means" does not "read on"  Husted's                   2                                                     
                configuration (i.e., rod member 30 having camming surfaces 33 and                                                             
                34).  Since each element of claim 1 is not found, either                                                                      
                expressly described or under principles of inherency, in Husted,                                                              
                the examiner's rejection of claim 1, and claims 2 through 6                                                                   
                dependent thereon, under 35 U.S.C. § 102(b) is reversed.                                                                      


                The obviousness issue                                                                                                         
                         We will not sustain the examiner's rejection of claim 7                                                              
                under 35 U.S.C. § 103 as being unpatentable over Husted in view                                                               
                of Shave.                                                                                                                     


                         Claim 7 depends from claim 6 which depends from claim 1.                                                             
                The additional prior art of Shave does not provide any teaching                                                               
                or suggestion that would have made it obvious to one of ordinary                                                              
                skill in the art to have modified Husted to include "roller                                                                   



                         2The inquiry as to whether a reference anticipates a claim                                                           
                must focus on what subject matter is encompassed by the claim and                                                             
                what subject matter is described by the reference.  As set forth                                                              
                by the court in Kalman v. Kimberly-Clark Corp., 713 F.2d 760,                                                                 
                772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S.                                                               
                1026 (1984), it is only necessary for the claims to "'read on'                                                                
                something disclosed in the reference, i.e., all limitations of                                                                
                the claim are found in the reference, or 'fully met' by it."                                                                  







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