Appeal No. 1999-1763
Application No. 08/834,931
case of appealed claim 1, appellant broadly claims “a thin
layer biomass” in conjunction with an apparatus which “reduces
stratification of worms in the biomass”. The claim further
requires that “the thin layer biomass be digested by the worm
mass as the thin layer biomass is conveyed from the input end
to the output end”. Although we agree with appellant that
Price’s ultimate objective is to separate worms from organic
matter whereas appellant’s objective is to maintain a uniform
distribution of the worms throughout the thin layer of
biomass, the law of anticipation does not require that the
reference teach what the applicant is claiming, but only that
the claims on appeal “read on” something disclosed in the
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