Ex parte EIDT et al. - Page 3




          Appeal No. 96-2587                                                          
          Application No. 08/035,750                                                  


               The examiner relies on the following references:                       
          Van Dyke et al. (Van Dyke)    5,175,856                Dec. 29,             
          1992                                                                        
          Hastings                      5,193,180                Mar.  9,             
          1993                                                                        

               Claims 1, 10 through 15, 36 and 41 through 45 stand                    
          rejected under 35 U.S.C. § 102(a) as anticipated by Hastings.               
          Claims 2 through 9, 16, 17, 19, 21, 23 through 25, 29 through               
          34, 37 through 40, 46, 47, 51, 53 through 55 and 58 through 61              
          stand rejected under 35 U.S.C. § 103 as unpatentable over                   
          Hastings in view of Van Dyke.                                               
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        


                                       OPINION                                        
               We reverse.                                                            
               With regard to the rejection based on 35 U.S.C. § 102(a),              
          anticipation requires that each element of the claim in issue               
          be found, either expressly described or under principles of                 
          inherency, in a single prior art 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).                       
                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007