Ex parte NEUSTATER - Page 3





                 Appeal No. 97-4242                                                                                                                     
                 Application 08/451,281                                                                                                                 



                          In reaching our conclusion on the anticipation issue                                                                          
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered                                                                                                                             




                 appellants’ specification and claim 1, the applied patent,2                                                                            
                 and the respective viewpoints of appellants and the examiner.                                                                          
                 As a consequence of our review, we make the determination                                                                              
                 which follows.                                                                                                                         

                          We affirm the examiner’s rejection of claim 1 under 35                                                                        
                 U.S.C. § 102(b).                                                                                                                       

                          Anticipation under 35 U.S.C. 102(b) is established only                                                                       
                 when a single prior art reference discloses, either expressly                                                                          
                 or under principles of inherency, each and every element of a                                                                          
                 claimed invention.  See In re Paulsen, 30 F.3d 1475, 1478-                                                                             


                          2In our evaluation of the applied patent, we have considered all of the                                                       
                 disclosure thereof for what it would have fairly taught one of ordinary skill                                                          
                 in the art.  See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                                                          
                 Additionally, this panel of the board has taken into account not only the                                                              
                 specific teachings, but also the inferences which one skilled in the art would                                                         
                 reasonably have been expected to draw from the disclosure.  See In re Preda                                                            
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

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