Appeal No. 2000-0606
Application No. 08/755,435
dispensing throat having a slot portion bounded by short side
margins 26 and upper margin 23 and a finger access portion
bounded by U-shaped lower margin 25.
As pointed out by appellants on page 8 of the brief,
Downham discloses use of the dispensing device for dispensing
non-interfolded napkins. Appellants argue, in essence, that
Downham cannot anticipate the subject matter recited in claim
1 because (1) Downham lacks a slot portion of the dispensing
throat having a relatively narrow width that prevents more
than a few interfolded napkins from being pulled through the
throat at one time; (2) neither the front cut out 21 nor the
thumb recess 24 is a "finger access portion" as recited in the
claim and (3) it is unclear to appellants how the Downham
dispenser could successfully and reliably dispense interfolded
napkins (i.e, the Downham dispenser cannot reasonably be
considered an "interfolded paper napkin dispensing system" as
claimed). See pages 7-10 of the brief.
The prior art reference need not expressly disclose each
claimed element in order to anticipate the claimed invention.
See Tyler Refrigeration v. Kysor Indus. Corp., 777 F.2d 687,
689, 227 USPQ 845, 846-847 (Fed. Cir. 1985). Rather, if a
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