Appeal No. 2002-0911 Page 9
Application No. 09/272,115
perceive in claims 1 and 5 neither a requirement that the boom extension or other
component part to be connected to the crane be brought to the crane by a separate
truck nor a preclusion that the boom extension or other component part be partly
connected to the base section prior to the positioning, raising, lowering and connecting
steps.
As for appellants’ arguments that Carter’s derricking cable system 22 includes a
winch carried on the upper deck of the crane and thus is not “self-contained” in the
base section (main jib hinge portion 4) and “bodily movable with” the base section, as
already pointed out above in our discussion of the meaning of these terms with respect
to the indefiniteness rejection, “self-contained” merely requires that the lifter be fully
contained on the crane, which Carter’s derricking cable system is, and “bodily movable
with” merely requires that the lifter be capable of being moved as a unit with the base
section. In this case, the derricking cable system is capable of being moved as a unit
with the main jib hinge section 4 when the crane either rotates on its turntable or is
driven along the ground. Neither claim 1 nor claim 5 calls for the lifter to be contained
within the base section.
For the foregoing reasons, we find no error in the examiner’s determination that
the subject matter of claims 1 and 5 is anticipated2 by Carter.
2 Anticipation is established only when a single prior art reference discloses, expressly or under
the 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
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