Appeal No. 99-2104 Page 4
Application No. 08/759,983
The Rejection Under 35 U.S.C. § 102(b)
Anticipation is established only when a single prior art
reference discloses, either expressly or under the principles
of inherency, each and every element of the claimed invention.
See In re Paulsen, 30 F.3d 1475, 1480-1481, 31 USPQ2d 1671,
1675 (Fed. Cir. 1994) and In re Spada, 911 F.2d 705, 708, 15
USPQ2d 1655, 1657 (Fed. Cir. 1990).
The appellant’s invention is a blind rivet comprising a
tubular sleeve that is provided with an internal bore and a
mandrel positioned within the bore. According to claim 29, the
tubular sleeve is provided with a stop means arranged on the
interior of the bore adjacent its preformed head. The claim
then goes on to specify that the mandrel has first and second
portions, “a shoulder forming the end of said first portion,
said shoulder being cooperable with said stop means during
stretching of said sleeve,” and “at least one rupture groove
formed in said shank of said mandrel and positioned in said
first portion of said shank between said shoulder and said head
of said mandrel.”
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Last modified: November 3, 2007