Appeal No. 1997-3975
Application No. 08/395,376
recitation of an entity presentation means regardless of
whether or not the “new matter” had been added. Since the
taper and half-angle characteristics are irrelevant to the
invention of the appealed claims, we do not sustain the
examiner’s rejection of claims 9-11 and 13-18 under the first
paragraph of 35 U.S.C. § 112 as having an inadequate written
description.
We now consider the rejection of claims 9-11 under
35 U.S.C. § 102(b) as being anticipated by the disclosure of
Shofner. These claims stand or fall together [brief, page 5].
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as
well as disclosing structure which is capable of performing
the
recited functional limitations. RCA Corp. v. Applied Digital
Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388
(Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore
and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554,
7
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