Ex parte ESPIE et al. - Page 12




                 Appeal No. 1997-4111                                                                                    Page 12                        
                 Application No. 08/540,947                                                                                                             


                          Cain teaches (column 5, lines 36-44) that the vent plugs                                                                      
                 can be made of stainless steel or machine steel but that other                                                                         
                 materials could be used for the vent plugs where the materials                                                                         
                 were suitable to the alternate mold and/or product being                                                                               
                 molded.  Cain also teaches (column 5, lines 45-54) that the                                                                            
                 vent plug 20 is generally inserted into the bore 14 of the                                                                             
                 mold 10 so that the plug head 24 is generally flush with the                                                                           
                 molding surface 12 and that while the plug head 24 of Figure 2                                                                         
                 has a face 38 on the top thereof which is flat, it can be                                                                              
                 appreciated that where the mold is contoured the face 38 can                                                                           
                 be contoured to match that of the mold 10.                                                                                             


                          In our view, claim 7 is anticipated by Cain since claim 7                                                                     
                 reads on  Cain.  In that regard, claim 7 reads on Cain as4                                                                                                                       
                 follows: A mold venting plug in the form of an elongated rod                                                                           
                 (Cain's vent plug 40 shown in Figures 3 and 3A), comprising a                                                                          
                 side surface between two ends (the side surface of Cain's vent                                                                         


                          4The law of anticipation does not require that the                                                                            
                 reference teach what the appellants are claiming, but only                                                                             
                 that the claims on appeal "read on" something disclosed in the                                                                         
                 reference (see Kalman v. Kimberly-Clark Corp., id.).                                                                                   








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