Appeal No. 2000-0003 Page 5
Application No. 08/618,814
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."
Claim 1 reads as follows:
Process for manufacturing a shaped metal beverage
can comprising a bottom and a peripheral wall which
includes a succession of regions of different diameters,
said peripheral wall being adapted to receive a lid set
on said peripheral wall, said process comprising the
following steps:
producing from a metal blank a cylindrical
preliminary can comprising a bottom and a peripheral wall
which has a diameter equal to a given diameter of a
region of said peripheral wall of said shaped can;
effecting an operation reducing the diameter of the
peripheral wall by shrinking a part of said peripheral
wall of said preliminary can situated above said region
of said given diameter of said peripheral wall to bring
said part to a diameter which is smaller than said given
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