Appeal No. 2002-2132
Application 09/124,907
comparatively large dimension 36A, i.e., along the
major axis [of] the elliptical wedge 35A, is urged
against the flanges 31A and 32A urging such flanges
tightly against the holding surfaces 23A to tighten and
lock the mat 26A against the anvil 21A while
simultaneously moving associated outer edges 37A of the
mat firmly against each other whereby a single line
contact 40A is provided [column 6, lines 28 through
40].
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).
The examiner’s analysis as to how Duckett meets each of the
elements set forth in claims 1, 4, 9 through 11, 13 and 17
through 19 appears on pages 5 and 6 in the answer. This
analysis, however, does not address the limitations in
independent claims 1 and 17 through 19 requiring the base to be
“biased” to pivot about an axis. Although Duckett’s rod 72A,
which the examiner reasonably finds to correspond to the recited
base, pivots around an axis, it is not “biased” to do so under
any sensible definition of this term. Thus, Duckett does not
disclose each and every element of the invention set forth in
claims 1 and 17 through 19.
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