Appeal No. 2001-1740
Application 08/902,466
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984). In other words, there
must be no difference between the claimed invention and the
reference disclosure, as viewed by a person of ordinary skill
in the field of the invention. Scripps Clinic & Research
Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001,
1010 (Fed. Cir. 1991).
Schofield discloses a cotton picking tube adapted to be
connected to a machine having a collection chamber and a means
for generating a vacuum within the tube. As shown in Figure
1, the tube comprises a tapered nozzle tip 17, a nozzle proper
14, a ball and socket joint 11 and 13, and a flexible conduit
10.
The preambles of independent claims 62, 69 and 83 set
forth a “game call apparatus.” The bodies of these claims
recite, inter alia, a “game call.” In applying Schofield as3
3The record indicates that the appellant’s insertion of
the “game call” language into the bodies of the claims was
prompted by the examiner’s refusal to accord patentable weight
4
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