Ex parte WRIGHT et al. - Page 5




          Appeal No. 1997-4046                                       Page 5           
          Application No. 08/040,117                                                  


          above the closure valve, to receive the overflowing fluid.  The             
          sample liquid is pumped through the needle by a bladder pump.               
                       The Rejections Under 35 U.S.C. § 102(e)                        
               Anticipation established only when a single prior art                  
          reference discloses, either expressly or under the principles               
          of inherency, each and every element of the claimed invention               
          (see In re Paulsen, 30 F.3d 1475, 1480-1481, 31 USPQ2d 1671,                
          1675 (Fed. Cir. 1994)).  It does not require either the                     
          inventive concept of the claimed subject matter or recognition              
          of inherent properties that may be possessed by the reference               
          (see Verdegaal Brothers Inc. v. Union Oil Co. Of California,                
          814 F.2d 628, 633, 2 USPQ2d 1051, 1054 (Fed. Cir. 1987)) or                 
          that the reference teaches what the applicant is claiming, but              
          only that the claim 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)).                                                          
               Independent claim 28 is directed to a bladder pump, and                
          stands rejected as being anticipated by Niehaus, which                      








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