Appeal No. 98-2086
Application 08/539,353
frames 11, 12 which are hinged together at 13 to allow them to
be pivoted together in clamshell-type fashion. The side
frames include resilient strips 16 on their inner surfaces for
gripping the ski equipment, latches/catches 23, 24, 26 and 27
for securely clamping them together, and tubular locking
members 30, 31. The locking members 30, 31 are designed to
telescope over posts 32, 33 on a backing member 36 mounted to
a building wall or similar structure. Tubular member 30
contains a lock 38 adapted to engage a hole 37 in post 32 to
secure the carrier 10 to the backing member 36.
Anticipation is established only 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).
The appellant's contention (see pages 4 and 5 in the main
brief) that the carrier disclosed by Grisel does not include
first and second arms of the type required by independent
claim 1 is well taken. By way of example, one of the claim
limitations in question calls for the arms to form "a single
closed essentially semicircular loop when mutually engaged."
4
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