Appeal No. 2001-2296
Application No. 09/001,138
While the “counting means” of claims 1 and 2, and the “number of counters” of
claim 17, are not the only claimed elements we find to be missing from Lewis, we note
that a single deficiency in a reference is fatal to a case for anticipation under section
102. Anticipation requires the presence in a single prior art reference disclosure of
each and every element of the claimed invention, arranged as in the claim. Lindemann
Maschinenfabrik GmbH v. American Hoist & Derrick Co., 730 F.2d 1452, 1458, 221
USPQ 481, 485 (Fed. Cir. 1984).
We do not sustain the rejection of claims 1-31 under 35 U.S.C. § 102 as being
anticipated by Lewis.
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