Appeal No. 97-3998
Application 08/302,168
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984). It is not necessary that
the reference teach what the subject application teaches, but
only that the claim read on something disclosed in the
reference, i.e., that all of the limitations in the claim be
found in or
fully met by the reference. Kalman v. Kimberly Clark Corp.,
713 F.2d 760, 771, 218 USPQ 781, 789 (Fed. Cir. 1983), cert.
denied, 465 U.S. 1026 (1984).
The appellant’s position on appeal is that the standing
35 U.S.C. § 102(b) rejection of claims 16 through 18 and 21
through 29 is unsound because Pitts does not meet the
limitations in independent claims 16 and 24 relating to the
steps of providing a guide, positioning a strand of material
against the guide and drawing the strand through the guide
while positioning the strand against the guide (see pages 4
through 12 in the brief). This argument is persuasive with
respect to claim 24, but not with respect to claim 16.
-5-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007