Appeal No. 97-4056 Page 5
Application No. 08/238,926
mechanism 8, illustrated in detail in Figures 2-3, located at the
intake end of the canal at any point where it may be directly
exposed to the action of the waves of the sea at all tides. As
shown in Figures 2-3, the head-producing mechanism 8 includes an
apron (comprised of elements numbered 25, 26, 27 and 35) hinged
to cross-pieces 18 by a suitable hinge connection 28. Parker
teaches at page 2, lines 18-35, that the head-producing mechanism
8 is employed
to produce and to preserve a constantly higher level of
water within the canal 7 than the varying mean level of the
sea without. The two levels change with the rise and fall
of the tide; but at all tides there is a differential of
levels or head, which produces continuously a flow through
the canal 7 and discharge therefrom into the end 5 of the
bay 2.
A claim is anticipated only if each and every element as set
forth in the claim is found, either expressly or inherently
described, in a single prior art reference. Verdegaal Bros. Inc.
v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed.
Cir.), cert. denied, 484 U.S. 827 (1987). The inquiry as to
whether a reference anticipates a claim must focus on what
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
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