Appeal No. 2001-2205
Application 09/228,987
dimension of about thirteen inches, the elastic panel (16) has a
lateral dimension of about thirty-two inches, and the hook-like
fastening section (24) has a lateral dimension of about three
inches.
An anticipation under 35 U.S.C. § 102(b) is established when
a single prior art reference discloses, either expressly or under
principles of inherency, each and every element or limitation of
a claimed invention. See In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir. 1984). In the present case, after a careful
review of the teachings of the Hubbard patent, we cannot agree
with the examiner that the abdominal wrap disclosed in Hubbard is
fully responsive to, and thereby anticipates, the structure
defined in appellant’s claim 11 on appeal. More specifically, we
find that appellant’s claim 11 imposes a size limitation on the
flexible material wrap defined therein that is not taught in
Hubbard.
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