Appeal No. 97-2555Application No. 08/215,062 Page 6
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."
Claims 1, 4 to 16 and 19 to 23 each recite the limitation
that the elastomeric rim has a height to thickness ratio of
approximately two and one-half.
The examiner believes that this limitation "reads on" the
lip 21 of Davis as shown in Figure 3 (answer, pp. 5-6). The
appellants disagree (brief, pp. 8-11).
Davis is silent as to both the height and thickness of his
lip 21. While lip 21 is shown in Figure 3, the patent drawings
are not drawn to scale; thus, Figure 3 does not disclose the
height and thickness of lip 21. Since neither the height or
thickness of lip 21 is disclosed, Davis cannot disclose, either
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