Appeal No. 2001-0141
Application No. 09/016,851
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."
In the instant case, the appellants argue that the Capp
reference does not disclose the following shearing step recited
in claim 7:
shearing said blank to separate said terminal portions
forming edges immediately adjacent one another, each
edge sharing the same shear line with an immediate
adjacent edge; (emphasis added)
The appellants argue that the phrase “each edge sharing the same
shear line with an immediate adjacent edge” means that no
material is removed during the shearing process. The examiner
argues that the claims do not recite that no material is removed
during the shearing process and thus the lack of removal of
material during the shearing process can not form the basis for
patentability.
We agree with the appellants. In our view, it is inherent
in a shearing process in which each edge shares the same shear
line that no material is removed in the shearing process.
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