Ex parte BERTOLUCCI et al. - Page 4




          Appeal No. 98-1044                                                          
          Application 08/126,336                                                      


               [t]he invention comprises a generally cylindircal                      
               [sic] shaped body 10 which is composed of a rigid                      
               lightweight material such as a plastic foam.  The                      
               body 10 has a pair of opposed surfaces 12 concavely                    
               formed therein to engage the legs of the golfer.  .                    
               . .  The body 10 is shown as also having a second                      
               pair of opposed surfaces 14 formed therein but                         
               spaced a different distance apart than surfaces 12                     
               so as to accommodate a wider stance of the golfer.                     
                    As shown in FIG. 2, the body 10 is placed                         
               between the legs 16 of the golfer at a position                        
               generally right above the knees and the golfer                         
               positions his legs 16 such that the surfaces 12 or                     
               14 frictionally engage both of his legs [column 2,                     
               lines 5 through 22].                                                   
               Anticipation is established when a single prior art                    
          reference discloses, expressly or under principles of                       
          inherency, each and every element of a claimed invention.  RCA              
          Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,              
          221 USPQ 385, 388 (Fed. Cir. 1984).  It is not necessary that               
          the reference teach what the subject application teaches, but               
          only that the claim read on something disclosed in the                      
          reference, i.e., that all of the limitations in the claim be                
          found in or fully met by the reference.  Kalman v. Kimberly                 
          Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir.                
          1983), cert. denied, 465 U.S. 1026 (1984).                                  
               The examiner's determination that the golf putting aid                 

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