Appeal No. 1999-0931
Application 08/772,861
appellant has disclosed and is claiming but only that the
claims on appeal "read on" something disclosed in the
reference, i.e., all limitations of the claim are found in the
reference. See Kalman v. Kimberly-Clark Corp., 713 F.2d 760,
772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465
U.S. 1026 (1984).
A review of the overall teaching of Schell, Jr. reveals
to us that the apparatus broadly defined in appellant’s claim
1 fairly reads upon the implement disclosed therein. More
specifically, it is clear to this panel of the board that the
implement of Schell, Jr. may reasonably be said to comprise a
substantially flat planar member (plate 10), a handle on a top
surface of the planar member (handle 11), a plurality of
measuring indicia formed across and on a surface of the planar
member including a central portion thereof within the
periphery of the member (numerical indicia represented in
units of length legends), and at least one edge on the planar
member (edges A through F). In our opinion, the implement of
Schell, Jr. is capable of being used to size sandpaper from
bulk sheets into sander-sized sheets, with the edges of the
8
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