Appeal No. 2002-1778 Page 7
Application No. 09/285,078
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Jacks and claim 1, it is our opinion that
there is no difference. The only possible distinction between Jacks and claim 1 is the
limitation that the clamp has a pair of jaws arranged to receive an ornament. It is our
view that this limitation is met by Jacks. As disclosed, Jacks' secondary spring clip 2
has a size adapted to grip the body of a suitable torch. In our view, the claimed
ornament3 is readable on Jacks' torch since a torch placed on his electric torch support
would decorate or adorn the support. Additionally, Jacks' secondary spring clip 2 is
capable of receiving other suitably sized ornaments such as a flower corsage. Claim 1
is readable on4 Jacks as follows: A body-worn holder for an ornamentation (Jacks'
electric torch support), comprising: a generally curved band whose configuration is
adapted to attach the band to a human body (Jacks' main spring clip 1 has a
3 The American Heritage Dictionary, Second College Edition, (1982) defines "ornament" as
"something that decorates or adorns."
4 A claim is anticipated only if each and every element as set forth in the claim is found, either
expressly or inherently described, in a single prior art reference. Verdegaal Bros. Inc. v. Union Oil Co.,
814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. 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."
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