Ex Parte YAMATO - Page 4



          Appeal No. 1999-2633                                                        
          Application 08/680,325                                                      

          particles which permit adjustment of the web’s permeability to              
          heat, moisture, and sound.  These particles may comprise                    
          synthetic plastic materials (see column 2, lines 55 through 61)             
          and can be joined adhesively to the walls of the canals by                  
          thermoplastically softening the foam or using a reactive adhesive           
          (see column 2, lines 33 through 39).                                        
               Anticipation is established when a single prior art                    
          reference discloses, expressly or under 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).  It is not necessary that the                    
          reference teach what the subject application teaches, but only              
          that the claim read on something disclosed in the reference,                
          i.e., that all of the limitations in the claim be found in or               
          fully met by the reference.  Kalman v. Kimberly Clark Corp., 713            
          F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied,            
          465 U.S. 1026 (1984).                                                       
               The examiner’s analysis as to how the limitations in claims            
          5 and 6 read on Ebert appears on pages 3, 4 and 6 in the answer.            
          The appellant (see pages 3 through 5 in the main brief and pages            
          1 and 2 in the reply brief) maintains that this analysis is                 
          flawed, and thus the rejection is unsound, because Ebert does not           

                                          4                                           



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007