Appeal No. 1997-3015
Application No. 08/441,794
The inventive concept is a multi-well tray or plate for
sealing a sample, but with a lid having holes to permit
access" (brief, page 7).
In response, the examiner finds that Fernwood discloses a
"gasket cooperating to hermetically seal the individual sample
containment chambers (Fig. 4)" (answer, page 4). This
position is repeated from the examiner's final action wherein
Fernwood is described, to wit "the lid, plate, and gasket
cooperating to hermetically seal the individual sample
containment chambers (Fig. 4)" (final, page 2).
We must point out, however, that anticipation under
35 U.S.C. ' 102 is established only when a single prior art
reference discloses, either expressly or under the principles
of inherency, each and every element of a claimed invention.
See RCA Corp. V. Applied Digital Data Systems, Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
We find that Fernwood does not disclose the "lid, plate,
and gasket cooperating to hermetically seal said individual
sample containment chambers" as recited in appellant's claim
36. Fernwood discloses that "the gasket sheet 14 contains
openings aligned with the sample wells for the fluids to pass
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