Ex parte GELARDI et al. - Page 10




          Appeal No. 1998-3420                                                        
          Application 08/597,033                                                      



          particular, we are unable to agree with the examiner that the               
          annular wall (64) of Reisman with its snaps (61) is somehow                 
          readable on the “spaced prongs” set forth in claim 14.  While               
          the annular wall (64) clearly extends downwardly from and                   
          generally perpendicularly to the base (66) of the rosette in                
          Reisman Figures 9 and 10, this wall does not in any way define              
          “spaced prongs” as in appellants’ claim 14 on appeal.  As for               
          the snaps (61) of Reisman, these components may be “spaced                  
          prongs,” but they extend radially outwardly from the wall (64)              
          and not generally perpendicularly  to the base from a bottom                
          surface of the base, as set forth in independent claim 14 on                
          appeal.  Thus, since Reisman does not                                       
          disclose each and every element of independent claim 14 on                  
          appeal, either expressly or under principles of inherency, we               
          must refuse to sustain the examiner’s rejection of claim 14,                
          and of dependent claims 16,  19, 22 and 23, under 35 U.S.C. §               
          102(e) as being anticipated by Reisman.                                     


                    Turning next to the examiner’s rejection of claims                
          14, 16 through 19, 22 and 23 under 35 U.S.C. § 102(e) as being              

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