Appeal No. 1998-0907
Application 08/121,365
discloses, expressly or under principles of inherency, each
and every element of a claimed invention." RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221
USPQ 385, 388 (Fed. Cir. 1984), cert. dismissed, 468 U.S. 1228
(1984), citing Kalman v. Kimberly-Clark Corp., 713 F.2d 760,
772, 218 USPQ 781, 789 (Fed. Cir. 1983).
Appellants argue (brief-pages 3 and 4) that Ragland
teaches all supporting members as being parallel to the frame,
as opposed to that recited in claim 7 wherein:
at least two opposed ones of said supporting members
extending away from said frame in a direction
perpendicular to the plane of said face plate
panel[.]
The Examiner responds:
Further, it is noted that it is clear from Fig.
3 that the support members include portions (see for
example portions 62 and 64 in Fig. 3) that extend
away from the frame in a direction perpendicular to
the plane of the face plate. [Answer-page 4.]
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim." In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523,1529 (Fed. Cir. 1998). It is clear from Ragland’s Figure
4
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