Appeal No. 2003-1659 Application No. 09/193,662 support for the rejections. We have, likewise, reviewed and taken into consideration, in reaching our decision, the appellants’ arguments set forth in the briefs along with the examiner’s rationale in support of the rejections and arguments in rebuttal set forth in the examiner’s answer. It is our view, after consideration of the record before us, that the evidence relied upon does not support either of the examiner’s rejections of the claims on appeal. Accordingly, we reverse. We consider first the rejection of claims 7-10 as being anticipated by Anderson. 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 as well as disclosing structure which is capable of performing the recited functional limitations. RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). The examiner’s rejection of these claims is set forth in the rejection mailed on April 23, 2001. With respect to independent 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007