Ex parte HERR et al. - Page 6




          Appeal No. 97-3199                                                          
          Application No. 08/273,767                                                  


          claimed invention. See In re Paulsen, 30 F.3d 1475, 1478-79,                
          31 USPQ2d 1671, 1675 (Fed. Cir. 1994), In re Spada, 911 F.2d                
          705, 708,                                                                   
          15 USPQ2d 1655, 1657 (Fed. Cir. 1990), and RCA Corp. v.                     
          Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ              
          385, 388 (Fed. Cir. 1984). However, the law of anticipation                 
          does not require that the reference teach specifically what an              
          appellant has disclosed and is claiming but only that the                   
          claims on appeal "read on" something disclosed in the                       
          reference, i.e., all limitations of the claim are found in the              
          reference. See Kalman v. Kimberly Clark Corp., 713 F.2d 760,                
          772, 218 USPQ 781, 789 (Fed. Cir. 1983); cert. denied, 465                  
          U.S. 1026 (1984).                                                           
               In the present case, we find that the mixing and                       
          deflection unit of claim 1 is readable upon the static mixing               
          apparatus disclosed by Knief. More specifically, as we see it,              
          the content of claim 1 is addressed by the Knief apparatus,                 
          with its upstream 31, 48 and downstream 50 flow directions, as              
          disclosed (column 6, lines 54 through 68) and depicted (Figure              
          1). Of particular importance, is the patentee’s express                     
          indication (column 6, lines 20 through 28) that it is within                
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