Appeal No. 1999-1529 Page 5 Application No. 08/366,985 In reaching our decision in this appeal, we have given careful consideration to the appellant's specification and claims, to the applied prior art references, and to the respective positions articulated by the appellant and the examiner. As a consequence of our review, we make the determinations which follow. The anticipation rejection We will not sustain the rejection of claim 39 under 35 U.S.C. § 102(b) as being anticipated by Scott. To support a rejection of a claim under 35 U.S.C. § 102(b), it must be shown that each element of the claim is found, either expressly described or under principles of inherency, in a single prior art 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). Claim 39 recites a method of supporting rock in a mine comprising, inter alia, the steps of (1) drilling a first bore hole and a second bore hole; (2) inserting a resin cartridgePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007