Ex parte PENN et al. - Page 5




          Appeal No. 1997-0068                                                        
          Application 07/923,278                                                      


               550, the layer is transported into operative                           
               engagement with a machining unit 590, typically                        
               comprising a conventional multi-blade fly cutter 592                   
               driven by a motor 594 and associated with a dust                       
               collection hood 596 and vacuum cleaner 598.                            
               Machining unit 590 is operative to trim the top                        
               surface of layer 550 to a precise, flat uniform                        
               thickness by removing, as appropriate, excessive                       
               thicknesses of both the solidified solidifiable                        
               material and the solidified support material.                          
                    It will be appreciated that the operation of                      
               the system for a single layer as described above is                    
               repeated multiple times, as the support surface 534                    
               is lowered correspondingly, producing a multilayer                     
               built up model having precisely controlled                             
               dimensions [column 17, line 50, through column 19,                     
               line 7].                                                               




               Claims 24, 30, 34 and 43, the four independent claims on               
          appeal, stand rejected under 35 U.S.C. § 102(b) as being                    
          anticipated by Pomerantz.  Anticipation, of course, is                      
          established only when a single prior art reference discloses,               
          expressly or under 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).                                                                 
               The appellants contend that the invention recited in                   

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