Ex parte MODELL et al. - Page 5




          Appeal No. 1996-4174                                       Page 5           
          Application No. 08/134,204                                                  

          internal diameter of the tubular reactor (18, Figs. 1 and 4-7)              
          of Binning being embraced by the claimed language, appellants               
          express the viewpoint that the "...abrupt bends..." as used in              
          Binning "...will generally incorporate significant changes in               
          the internal diameter of the reactor along the path of flow of              
          the reaction mixture" (brief, page 5).  We disagree.                        
               As noted by the examiner (answer, page 4), the coiled                  
          tubular reactor (18) of Binning is not disclosed or shown to                
          have any substantial internal diameter variations.  While                   
          Binning may not explicitly describe the diameter of the                     
          reactor (18) in the same words as used by appellants in their               
          claims, such is not required for the Binning reference to                   
          fully anticipate the claimed subject matter within the meaning              
          of § 102(b).  The law of anticipation does not require that                 
          the reference teach what the appellant is claiming, but only                
          that the claims on appeal “read on” something disclosed in the              
          reference, i.e., all limitations of the claim are found in the              
          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).                                                                









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