Appeal No. 97-2904 Application 08/565,457 is well established patent law that for a reference to be properly anticipatory, each and every element of the rejected claim must be found either expressly described or under the principles of inherency in the applied reference. See RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984). It follows that the absence from the reference of any element of the claim negates anticipation of that claim by the reference. Kloster Speedsteel AB v. Crucible, Inc., 793 F.2d 1565, 1571, 230 USPQ 81, 84 (Fed. Cir. 1986). In the present case, Horikawa discloses a sheet- advancing apparatus having a transport 92, a controller 123 and means in the form of at least one sensor 127 for sensing a sheet advancing on the transport. Like appellant’s disclosed transport, Horikawa’s transport comprises a perforated transport belt 96 extending over at least one suction chamber 108 which is connected through a solenoid operated valve 134 to a vacuum pump 130. Similar to appellant’s apparatus, Horikawa’s controller is responsive to sensor 127 to open and 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007