Appeal No. 2001-0141
Application No. 09/016,851
respective positions articulated by the appellants and the
examiner. As a consequence
of our review, we make the determinations which follow.
Before considering the merits of the matter, it is
necessary to address the grouping of the appealed claims under
37 CFR
§ 1.192(c)(7) as amended effective April 21, 1995. In the
brief, the appellants state that all the claims stand or fall
together (brief at page 9). Therefore, we select claim 7 as the
representative claim so that claims 1 through 6, and 8 through
12 stand or fall with claim 7.
The rejection in the case is made under 35 U.S.C. § 102(b).
We initially note that 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
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