Appeal No. 1999-0404 Page 18
Application No. 08/580,256
at a spiral angle in a range of ±5° with respect to a pipe
axis."
The appellants argue (brief, pp. 6-8) that the above
noted limitations are not met by Chiang. We agree. It is an
elementary principle of patent law that when something is
claimed as having a maximum value ranging to a minimum value,
the claim is "anticipated" if the prior art shows any one
value within the claimed range. Titanium Metals Corp. of
America v. Banner, 778 F.2d 775, 782, 227 USPQ 773, 779 (Fed.
Cir. 1985).
When the prior art discloses a range which touches,
overlaps or is within the claimed range, but no specific
examples falling within the claimed range are disclosed, a
case by case determination must be made as to anticipation.
In order to anticipate the claims, the claimed subject matter
must be disclosed in the reference with "sufficient
specificity to
constitute an anticipation under the statute." What
constitutes a "sufficient specificity" is fact dependent. See
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