Appeal No. 2002-1487 Page 4
Application No. 09/404,461
Cir.), cert. denied, 484 U.S. 827 (1987). The inquiry as to whether a reference
anticipates a claim must focus on what subject matter is encompassed by the claim and
what subject matter is described by the reference. As set forth by the court in Kalman
v. Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert.
denied, 465 U.S. 1026 (1984), it is only necessary for the claims to "'read on' something
disclosed in the reference, i.e., all limitations of the claim are found in the reference, or
'fully met' by it."
Trott discloses a rotatable surgical tool for cutting and removing tissue from a
patient. As shown in Figures 3-8, the tool 10 includes an outer tubular member 12
having a proximal end portion 14 and a distal end portion 16. An inner tubular member
40 has a distal end portion 42 and a proximal end portion 44 with the distal end portion
of the inner tubular member having a cutter 20. The inner tubular member 40 is
rotatably disposed within the outer tubular member 12 enabling the cutter to shear
tissue disposed in the vicinity of the distal end portions upon rotation of the inner tubular
member relative to the outer tubular member. A flexible transmission 22 interconnects
the distal end portion and the proximal end portion of the inner tubular member for
transmitting rotational movement from a rotary power source to the cutter 20. The outer
tubular member is constructed of a deformable material enabling the outer tubular
member to be selectively bent, during fabrication of the tool, in a region adjacent the
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