Appeal No. 2002-2184
Application No. 08/406,297
arrangement and bonding of the carbon atoms throughout the member. It is clear that
the specification describes the process on making the carbon member as sintering the
mixture of carbon materials. We find this sufficient description to prove that the
inventors had possession of the claimed “continuous body of carbon” at the time of
filing, and we will not sustain the rejection of claims 1-10 and 22-24 under 35 U.S.C.
§ 112, first paragraph. Similarly, we find that the claims are not indefinite for failing to
particularly point out and distinctly claim the subject matter which applicant regards as
the invention since we do not deem it necessary to disclose a description of an
arrangement and bonding of the carbon atoms throughout the member. It is clear that
the specification describes the process on making the cabane member as sintering the
mixture of carbon materials which would still produce a carbon body, and we will not
sustain the rejection of claims 1-10 and 22-24 under 35 U.S.C. § 112, second
paragraph.
35 U.S.C. § 102
"Anticipation is established only when a single prior art reference discloses,
expressly or under the principles of inherency, each and every element of a claimed
invention." RCA Corp. v. Applied Digital Data Systems. Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984).
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