Ex parte WELLS et al. - Page 5




                 Appeal No. 1997-3224                                                                                                                   
                 Application No. 08/231,531                                                                                                             


                          Rather than reiterate the arguments of Appellants and the                                                                     
                 Examiner, reference is made to the briefs  and answers  for the           1                     2                                      
                 respective details thereof.                                                                                                            


                                                                     OPINION                                                                            
                          We will not sustain the rejection of claims 10 through 19                                                                     
                 under 35 U.S.C.  102, nor will we sustain the rejection of                                                                            
                 claims 1 through 8 and 20 through 24 under 35 U.S.C.  103.                                                                            
                          It is axiomatic that anticipation of a claim under  102                                                                      
                 can be found only if the prior art reference discloses every                                                                           
                 element of the claim.  See In re King, 801 F.2d 1324, 1326,                                                                            
                 231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann                                                                                       




                          1Appellants filed an appeal brief on April 15, 1996.                                                                          
                 Appellants filed a reply brief on September 11, 1996.  On                                                                              
                 November 26, 1996, the Examiner responded with a supplemental                                                                          
                 examiner's answer thereby considering and entering the reply                                                                           
                 brief.  Appellants filed a supplemental reply brief on                                                                                 
                 January 30, 1997.  On April 14, 1997, the Examiner mailed a                                                                            
                 communication stating that the supplemental reply brief filed                                                                          
                 January 30, 1997 has been entered and considered but no                                                                                
                 further response by the Examiner is deemed necessary.                                                                                  
                          2The Examiner filed an examiner's answer on July 9, 1996.                                                                     
                 The Examiner filed a supplemental examiner's answer on                                                                                 
                 November 26, 1996.                                                                                                                     
                                                                         -5-                                                                            





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

Last modified: November 3, 2007