Ex parte BENEDICT - Page 5




          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               


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