Ex parte BANERJEE et al. - Page 5




          Appeal No. 1998-0943                                                        
          Application No. 08/300,500                                                  


          also of the view that the evidence relied upon and the level                
          of skill in the particular art would not have suggested to one              
          of ordinary skill in the art the obviousness of the invention               
          set forth in claims 4, 12, and 13.  Accordingly, we affirm-in-              
          part.                                                                       
               We consider first the rejection of claims 1 and 6-11                   
          under 35 U.S.C.  102(e) as anticipated by McCain.                          
          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 Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385,                 
          388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.                
          Gore and Assoc, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554,                 
          220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851              
          (1984).                                                                     
               With respect to independent claim 1, the Examiner’s                    
          analysis (Answer, pages 4 and 7) suggests how the various                   
          limitations are disclosed by McCain.  In particular, the                    
          Examiner points to a discussion beginning at column 6, line 56              
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