Ex parte MUELLER - Page 5




              Appeal No. 2000-0565                                                                                             
              Application No. 08/539,840                                                                                       


              cylindrical bore 46.  The air in the air chamber 72, which may be pressurized by a                               
              conventional bicycle pump via the valve 52, resists downward movement of the seat post and                       
              seat.  A quick release clamp 30 is provided to selectively clamp the seat post to the seat mast or               
              release the seat post for telescoping movement relative to the seat mast.                                        
                      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).  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).                                                                                    
                      The appellant argues on pages 5-9 of the brief that Carroll does not anticipate claim 1 or               
              claim 11 because the piston and cylinder arrangement formed by the seat post and mounting                        
              shaft is not a "gas spring" as called for in the claims, in that the air is trapped in the air                   
              chamber 72 on one side of the piston only and no hydraulic damping is provided in the Carroll                    


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