Ex parte SPIX et al. - Page 9




          Appeal No. 1997-0760                                                        
          Application No. 08/003,000                                                  


          can be found only if the prior art reference discloses every                
          element of the claim,"  In re King, 801 F.2d 1324, 1326, 231                
          USPQ 136, 138 (Fed. Cir. 1986); Lindemann Maschinenfabrik v.                
          American Hoist and Derrick, 730 F.2d 1452, 1458, 221 USPQ 481,              
          485 (Fed. Cir. 1984), and Parkin does not disclose every                    
          element of claim 20, Parkin does not anticipate claim 20 nor                
          its dependents, claims 21 and 23.  Further, since claim 29                  
          includes the same limitations which have been found to be                   
          lacking from Parkin as claim 20, Parkin does not anticipate                 
          claim 29.  With respect to claims 22 and 30, although the                   
          rejection was made under 35 U.S.C. § 103, since no additional               
          reference or motivation for modification was applied which                  
          might overcome the deficiencies described above, Parkin does                
          not render obvious claims 22 and 30.  Therefore, we will                    
          reverse both the anticipation rejections and the obviousness                
          rejections.                                                                 









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