Appeal No. 98-0177
Application No. 08/577,873
the reference. See Kalman v. Kimberly-Clark Corp., 713 F.2d
760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied,
465 U.S. 1026 (1984).
As noted above, the Thead reference includes each and
every element of the claimed invention. Therefore, we agree
with the examiner's finding that Thead anticipates appellants'
claim.
Appellants argue that Thead does not disclose a hub
wrenching member that extends substantially horizontally
partially across the perforation. We disagree. Thead clearly
discloses gear means 60 and 61 which extend partially across
the perforation 33 in a horizontal direction to engage the hub
of the needle. Appellants further argue that it is impossible
for the needle to drop into the container if the gears are
stationary and the barrel is disengaged by rotation of the
barrel alone. We note that appellants have not provided any
evidence that such is the case, but only provide attorney
argument that this is so. We make no finding as to whether
the needle will drop if the barrel is rotated while the gears
remain stationary. We do not find that the claims require
that the needle drop into the container. In fact, the hub
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007