Ex parte ALLWEIN et al. - Page 4




          Appeal No. 1999-0972                                                        
          Application 08/724,340                                                      


          lines 58 through 60).  As described by Gay,                                 
                    [r]eferring now to FIG. 2, a thermal insulation                   
               packet generally denoted by the numeral 30 includes                    
               a containing material 32 which surrounds a body of                     
               insulation material (not shown) and is sealed by a                     
               sealing means 34.  The sealing means 34 is                             
               preferably environmentally safe, and may consist of                    
               sewing thread, thermal bonding or any other                            
               technique which is known to those of ordinary skill                    
               in the art.  Although the containing material 32                       
               should allow air to pass therethrough to permit                        
               compression for conforming to various spaces, the                      
               material should not allow insulation contained                         
               therein to escape.  Even as the insulation packet                      
               may be closely shaped to the space to be insulated,                    
               some shaping will undoubtedly be necessary, and the                    
               containing material is preferably made of an air-                      
               permeable material.  Thermal insulation packet 30                      
               may be shaped into an individual pillow-like                           
               insulation packet 36 as shown in FIG. 2.  The                          
               insulation packet may be between about 6 and 16                        
               inches high, between about 6 and 16 inches deep, and                   
               between about 12 and 24 inches wide [column 3, lines                   
               24 through 42].                                                        
               Anticipation is established when a single prior art                    
          reference discloses, expressly or under 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).  It is not necessary that               
          the reference teach what the subject application teaches, but               
          only that the claim read on something disclosed in the                      


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