Ex parte THALLER et al. - Page 5




                 Appeal No. 1997-2652                                                                                                                   
                 Application 08/385,509                                                                                                                 



                 one of the holes of the second printed circuit board.  Thus,                                                                           
                 claims 10 through 13 stand rejected under 35 U.S.C. § 102 as                                                                           
                 being anticipated by Damon.                                                                                                            
                                   Rather than repeat the arguments of Appellants or                                                                    
                 the Examiner, we make reference to the briefs  and answer for                    2                                                     
                 details thereof.                                                                                                                       


                                                                     OPINION                                                                            
                                   After a careful review of the evidence before us, we                                                                 
                 do not agree with the Examiner that claims 10 through 13 are                                                                           
                 anticipated by Damon.                                                                                                                  
                                   It is axiomatic that anticipation of a claim under                                                                   
                 § 102 can be found only if the prior art reference discloses                                                                           
                 every element of the claim.  See In re King, 801 F.2d 1324,                                                                            
                 1326, 231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann                                                                                 




                          2Appellants filed an appeal brief on October 21, 1996.                                                                        
                 Appellants filed a reply brief on December 16, 1996.  The                                                                              
                 Examiner mailed a communication on January 22, 1997 stating                                                                            
                 that the reply brief has been entered and considered but no                                                                            
                 further response by the Examiner is deemed necessary.                                                                                  
                                                                           5                                                                            





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