Appeal No. 2000-0606
Application No. 08/755,435
claimed element (or elements) is inherent in a prior art
reference, then that element (or elements) is disclosed for
purposes of finding anticipation. See Verdegaal Bros., Inc.
v. Union Oil Co., 814 F.2d 628, 631-33, 2 USPQ2d 1051, 1052-54
(Fed. Cir. 1987). Under principles of inherency, when a
reference is silent about an asserted inherent characteristic,
it must be clear that the missing descriptive matter is
necessarily present in the thing described in the reference,
and that it would be so recognized by persons of ordinary
skill. Continental Can Co. v. Monsanto Co., 948 F.2d 1264,
1268, 20 USPQ2d 1746, 1749 (Fed. Cir. 1991). For the reasons
which follow, we are satisfied that there is reasonable basis
to support the examiner's determination that the
characteristics alleged by appellants to be absent from
Downham are inherently possessed by the Downham dispenser so
as to establish a prima facie case of anticipation.
As for the capability of the Downham dispenser to
dispense interfolded napkins, we observe that appellants'
specification does not expressly define the term
"interfolded." On page 9 of the brief, appellants state that
"a stack of interfolded napkins or sheets has alternating
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