Appeal No. 99-0630 Page 12
Application No. 08/633,400
"unyieldingly" locking the bottom cushion in the stowed
position when the seat back is in the vertical position.
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). As discussed above,
Osenkowski lacks disclosure of a manual lock for "unyieldingly
locking said bottom cushion in said stowed position when said
backrest portion is in said vertical use position until
deliberately released therefrom" as required by claim 1.
Therefore, Osenkowski does not anticipate the invention
recited in the appellants' claim 1.
Accordingly, we shall not sustain the standing rejection
of independent claim 1, or of claims 3 through 6 and 16 which
depend therefrom, under 35 U.S.C. § 102(b) as being
anticipated by Osenkowski.
CONCLUSION
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