Ex Parte Neal et al - Page 7




             Appeal No. 2003-1796                                                               Page 7                
             Application No. 09/513,563                                                                               


             § 103, for "anticipation is the epitome of obviousness."  Jones v. Hardy, 727 F.2d 1524,                 
             1529, 220 USPQ 1021, 1025 (Fed. Cir. 1984).  See also In re Fracalossi, 681 F.2d 792,                    
             794, 215 USPQ 569, 571 (CCPA 1982); In re Pearson, 494 F.2d 1399, 1402, 181 USPQ                         
             641, 644 (CCPA 1974).                                                                                    


                    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."         


                    The appellants argue (brief, p. 10) that neither Dunbar or Rudoi teach or suggest                 
             the containment wrap as recited in claim 8.  We do not agree.  Claim 8 reads on Rudoi's                  
             plate 38 enclosed within outer envelope or casing 32.  Claim 8 reads on Dunbar's platelet                
             10, 10' or 10" embedded in matrix 20.  While each individual disk of either Dunbar or                    
             Rudoi is not fully encased within a containment wrap in the same manner as disclosed                     








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