Ex parte HALL - Page 7




          Appeal No. 2000-1622                                                        
          Application No. 08/752,445                                                  


          because it is "capable of being placed within the spacing of                
          studs of a generic wall" (answer, page 8).                                  
               "To anticipate a claim, a prior art reference must                     
          disclose every limitation of the claimed invention, either                  
          explicitly or inherently."  In re Schreiber, 128 F.3d 1473,                 
          1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).  However, the law              
          of anticipation does not require that the reference "teach"                 
          what the applicant teaches, but only that the claim "read on"               
          something disclosed in the reference.  Celeritas technologies,              
          Ltd. v. Rockwell Int’l Corp., 150 F.3d 1354, 1361, 47 USPQ                  
          1516, 1522 (Fed. Cir. 1998), cert denied, 119 S.Ct. 874                     
          (1999).                                                                     
               Appellant in arguing that Groeniger does not suggest                   
          putting his invention in a wall, asserts that Groeniger                     
          teaches "providing the wall by four cabinets integrated                     
          together "(brief, page 30).  We do not agree.  In Fig. 3 of                 
          Groeniger, the kitchen (upper half of drawing) and bathroom                 
          (lower half of drawing) are shown as being separated by a wall              
          (broken lines), and the patentee discloses on page 3, col. 2,               
          lines 45 to 50, that Fig. 3 shows as arrangement of "a kitchen              
          and a bath room in adjacency, wherein a partition of the                    
                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007