Ex parte DEAL - Page 4




          Appeal No. 97-1088                                                          
          Application 08/518,957                                                      


          is established only when a single prior art reference discloses,            
          expressly or under principles of inherency, each and every                  
          element of a claimed invention.  RCA Corp. v. Applied Digital               
          Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.               
          Cir. 1984).  It is not necessary that the reference teach what              
          the subject application teaches, but only that the claim read on            
          something disclosed in the reference, i.e., that all of the                 
          limitations in the claim be found in or fully met by the                    
          reference.  Kalman v. Kimberly Clark Corp., 713 F.2d 760, 771,              
          218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026             
          (1984).  In this regard, during patent prosecution claims are               
          given their broadest reasonable interpretation consistent with              
          the underlying specification without reading limitations from the           
          specification into the claims.  In re Prater, 415 F.2d 1393,                
          1404-05, 162 USPQ 541, 550-51 (CCPA 1969).                                  
               In light of these principles, the examiner’s determination             
          that West meets all of the limitations in appealed claim 1 (see             
          page 3 in the answer) is well founded.  More particularly, the              
          limitations in this claim relating to the container, the panel              
          member and the plurality of elongated solid beads read on West’s            
          bottle A, outer body section 5 and self-luminous compound 8,                
          respectively.                                                               

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