Appeal No. 95-2622
Application 08/125,524
present application does not relate to a spinneret
assembly.
The subject matter is thus unrelated and 35 U.S.C. § 103
is
not applicable.
Needless to say, we are not persuaded by appellant’s argument
that the subject matter claimed is patentable over the applied
prior art. It is an axiom of patent law that a patent cited
as basis for a rejection under 35 U.S.C. § 103 should be read
for everything it fairly teaches, and not be limited to the
subject matter the patentee regards as his invention and
claims. See EWP Corp. v. Reliance Universal Inc., 755 F.2d
898, 907, 225 USPQ 20, 25 (Fed. Cir.), cert. denied, 474 U.S.
843 (1985)(“A reference must be considered for everything it
teaches by way of technology and is not limited to the
particular invention it is describing and attempting to
protect.”); see also In re Lamberti, 545 F.2d 747, 750, 192
USPQ 278, 280 (CCPA 1976)(A reference must be considered in
its entirety. The disclosure is not limited to the specific
working examples.)
Conclusion
1. We reverse the examiner’s rejection of Claim 1 under
35 U.S.C. § 102(b) over Spencer.
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