Appeal No. 1998-1885
Application No. 07/914,359
power supply. Clearly the heater is selectively switched off
from the power supply when the switch is closed in Follmer.
Likewise the heater is selectively switched on to the power
supply when the switch contacts in Follmer are open. Note
that one side of the switch
. . . is connected at the junction between . . . the power
supply 2 (alternator) and the alternator side of the heating
element. In view of these remarks it is clear that . . . the
subject matter of claims 1 is clearly anticipated by Follmer.
[Answer, pages 6-7.]
We will not sustain this rejection.
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. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984). In other words, there
must be no difference between the claimed invention and the
reference of the invention. Scripps Clinic & Research Found.
v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010
(Fed. Cir. 1991).
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