Appeal No. 1999-2030 Page 4
Application No. 08/423,077
A claim is anticipated only if each and every element as
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."
Independent claim 1 is directed to an optical
localization fiber comprising, inter alia, an optical fiber
for connecting to a light source; and means for retaining the
tip of the optical fiber proximate to a chosen location within
tissue. Claims 2, 3, 5 to 8, 10 to 13, 15 and 16 depend from
claim 1. Independent claim 17 is directed to an optical fiber
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