Ex parte WAGNER et al. - Page 7




          Appeal No. 2000-1475                                       Page 7           
          Application No. 08/844,016                                                  


          every element as set forth in the claim is found, either                    
          expressly or inherently described, in a single prior art                    
          reference.  Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d                 
          628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484                
          U.S. 827 (1987).  The inquiry as to whether a reference                     
          anticipates a claim must focus on what subject matter is                    
          encompassed by the claim and what subject matter is described               
          by the reference.  As set forth by the court in Kalman v.                   
          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984), it is                 
          only necessary for the claims to "'read on' something                       
          disclosed in the reference, i.e., all limitations of the claim              
          are found in the reference, or 'fully met' by it."  Thus, in                
          effect, a prima facie case of anticipation is made out                      
          whenever a reference is shown to contain a disclosure which is              
          specific as to every element of the rejected claims.                        


               The Manual of Patent Examining Procedure (MPEP) § 1208                 
          (Seventh Edition, Rev. 1, Feb. 2000) provides (p. 1200-15)                  
          that for a rejection under 35 U.S.C. § 102, the examiner's                  
          answer, or single prior action, shall explain why the rejected              







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