Appeal No. 1998-1454 Page 11
Application No. 08/422,840
the flange (17) to rotate the drive shaft (27) and friction
wheel (26) to thereby rotate the rotor.
In rejecting the claims, the examiner's position is that
Seliger's housing (31), handle (12') and spring, tubular
extension and thrust pin (28, 32, 34) respond, respectively,
to the engagement member, handle and locking means of the
appellant's claims (final rejection, page 4). For the reasons
which follow, we do not agree with the examiner that Seliger
anticipates the claims.
Anticipation is established only when a single prior art
reference discloses, expressly or under the 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).
While we acknowledge that the claims recite only the
cranking device and do not include the winch, the examiner
cannot ignore the limitations that the engagement member be
"engageable" (i.e., capable of engaging) an end of the
crankable shaft of a winch (claims 1 through 12 and 14 through
20) and a locking means for locking the engagement member onto
the end of the crankable shaft of the winch (claims 1 through
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