Appeal No. 2003-1254 Page 10
Application No. 09/284,793
deviations in dimension lie within a certain, defined interval. The dimensions of the
spring means 17 may vary in such a way that it can be compressible from its original
shape to between 0.1-1.0 mm and/or such that it permits application and retention of
knife blades 2, the height of which varies within an interval of up to, for example, ±0.4
mm and the width within an interval of up to, for example, ±0.3 mm. In addition,
Strömberg teaches (column 5, lines 9-13) that "[e]ach spring means 17 can, for
example, alternatively consist of a helical spring or an elastic pad of rubber or similar
and it can be mounted in other ways than at a tightening ruler without loosing its
function."
In the anticipation rejection before us in this appeal, the examiner (answer, p. 3)
read claim 6 on Strömberg2 by determining that Strömberg discloses all the recited
elements of the invention as follows:
a) a clamp holder (Strömberg's cylinder 3);
b) a movable clamping piece (Strömberg's retaining ruler 7) having a first side having a
surface and a second side having a wedge-shaped surface (Strömberg's wedge
surface 10);
2 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."
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