Appeal No. 97-2244
Application 07/986,521
and to the examiner’s answer (Paper No. 27) for the respective
positions of the appellants and the examiner with regard to the
propriety of these rejections.
Turning first to the standing 35 U.S.C. § 102(e) rejection,
anticipation 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 Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
Independent claim 51 recites a vapor recovery, automatic
shut off, fuel dispensing nozzle comprising, inter alia, a nozzle
body having a hand grip portion, a spout, vapor return passageway
means extending between an inlet end of the nozzle body through
the hand grip portion to a discharge end of the spout, a vapor
valve interposed in the vapor return passageway means, and an
adapter disposed in a bore in the nozzle body. Claim 51 also
requires that “the adapter, in combination with said nozzle body
defines portions of said vapor return passageway means leading to
the vapor valve and from the vapor valve to an entrance to the
vapor return passageway means in said hand grip portion.”
-3-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007