Appeal No. 2002-2175
Serial No. 09/060,960
color-coded background. Connell teaches that this label serves
to quickly and accurately convey the identity and characteristics
of the articles packaged in the box or carton (see Connell at
page 1, lines 8 through 94).
Anticipation is established only 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).
As indicated above, claim 1 recites a golf glove package
comprising, inter alia, “identifying means disposed within each
of said subsections and comprising text and graphical indications
for uniquely identifying said salient characteristics of the golf
glove.” While not disputing that Connell fails to meet these
limitations, the examiner dismisses them as being directed to
printed matter whose content does not impart patentable weight to
the claimed invention (see page 8 in the answer).
The examiner’s position here is untenable. Differences
between an invention and the prior art cannot be ignored merely
because those differences reside in the content of printed
matter. In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 403-04
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