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, whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007