Appeal No. 99-0073 Page 6
Application No. 08/562,166
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). In other words, there
must be no difference between the claimed invention and the
reference disclosure, as viewed by a person of ordinary skill
in the field of the invention. Scripps Clinic & Research
Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001,
1010 (Fed. Cir. 1991). 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).
Turning first to the claim, we note that the step
"providing a single weighted element" in claim 18 does not
preclude the provision of more than one weighted element.
However, claim 18 does require, inter alia, a step of
positioning a single weighted element "on the shin region in a
predetermined area where the tibia is most discernable,
wherein said weighted element is sized to substantially fit
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