Appeal No. 2001-0257 Page 6
Application No. 08/927,412
air during the operation of the tool. Varidel further teaches
that while the blocks are illustrated as having a rectangular
shape, it is possible that they have other shapes, as desired.
With respect to the claimed limitation that one of the
orthogonal axes that the punches are arranged in is a line
slanted at an angle with regard to an edge of the base plate,
the examiner determined (final rejection, p. 3) that one of
the orthogonal axes of the punches of Varidel "is capable of
being a line slanted at an angle with regard to one of the
edges of the base plate."
The examiner may be correct that due to the ability of
Varidel's punches to be rearranged on the plate the punches of
Varidel are capable of being arranged along two orthogonal
axes, one of the orthogonal axes consisting of a line slanted
at an angle with regard to an edge of the plate. However,
anticipation under 35 U.S.C. § 102(b) requires more than just
the fact that the prior is capable of being arranged in the
manner set forth in the claim. It is well-settled that
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