Appeal No. 1997-3959 Application No. 08/183,693 USPQ 438 (Fed. Cir. 1986). We are also mindful of the requirements of anticipation under 35 U.S.C. § 102. We must point out, however, that anticipation under 35 U.S.C. § 102 is established only when a single prior art reference discloses, either expressly or under the principles of inherency, each and every element of a claimed invention. See RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984), cert. dismissed, 468 U.S. 1228 (1984). Furthermore, only those arguments actually made by Appellant have been considered in making this decision. Arguments which Appellant could have made but chose not to make in the briefs have not been considered [37 CFR § 1.192(a)]. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007