Appeal No. 2002-0993 Page 7
Application No. 09/368,781
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."
Claim 37 reads as follows:
A tool for cutting materials, comprising:
a first lever arm;
a second lever arm, the second lever arm being coupled to the first lever
arm by a pivot assembly; and
a first insert disposed at least partly within and attached to the first lever
arm, the first insert having first and second sides, the first side being tapered to
form a first cutting edge, the second side being tapered to form the second
cutting edge, the first insert and the second lever arm configured to cooperatively
act to cut material disposed therebetween when the angle between the first lever
arm and the second lever arm is reduced towards zero.
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