Appeal No. 1999-0972
Application 08/724,340
reference, i.e., that all of the limitations in the claim be
found in or fully met by the reference. Kalman v. Kimberly
Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir.
1983), cert. denied, 465 U.S. 1026 (1984).
The appellants are correct in their contention that Gay
fails to teach their disclosed concept of insulating elongated
building cavities wherein the relative widths of the elongated
insulation modules of the insulation assembly and the standard
nominal cavity width of the elongated cavities to be insulated
are such that at least two of the elongated insulation modules
are required to insulate a cavity having the nominal standard
cavity width. Claim 1, however, is drawn to an insulation
assembly per se, and not to the combination of the insulation
assembly and the building cavities. The functional language
in the claim relating to the building cavities merely defines
the claimed insulation assembly in terms of its intended use.
As pointed out by the examiner (see page 4 in the answer), the
insulation assembly disclosed by Gay (see Figure 2) is
inherently capable of the recited intended use, and therefore
meets the functional limitations under principles of
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