Ex parte FITE - Page 7




          Appeal No. 1999-1979                                                        
          Application No. 08/758,788                                                  


          hardness, only that if such inserts are used, the putting                   
          characteristics of the golf club can be varied (id. at 7).                  
               Anticipation is established only if each and every                     
          element set forth in the claim is found, either expressly or                
          inherently described, in a single prior art reference.                      
          Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d 628, 631, 2                 
          USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484 U.S. 827                   
          (1987).  The inquiry as to whether a reference anticipates a                
          claim must focus on what subject matter is encompassed by the               
          claim and what subject matter is described by the reference.                
          As set forth by the court in Kalman v. Kimberly-Clark Corp.,                
          713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert.                
          denied, 465 U.S. 1026 (1984), it is only necessary for the                  
          claims to "'read on' something disclosed in the reference,                  
          i.e., all limitations of the claim are found in the reference,              
          or 'fully met' by it."                                                      
               Appellant does not argue that polyurethane is not a                    
          resinous plastic material.  Rather, appellant argues that                   
          since Fisher discloses a putter in which all of the pads are                
          constructed from polyurethane, Fisher fails to disclose: (1) a              


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007