Appeal No. 2003-0111 Page 3
Application No. 09/602,532
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the Carr patent, and to the respective
positions articulated by the appellant and the examiner. As a consequence of our
review, we make the determinations which follow.
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."
Carr's invention relates to a foot operated control pedals for use in a motor
vehicle. As shown in Figures 1 to 4, a mounting 10 for a clutch control pedal 12 for use
in a motor vehicle, includes a bracket 14, the pedal 12 and a connecting mechanism 16
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