Appeal No. 2004-1057
Application No. 09/844,385
biasing member to move said track follower between said first and
second locating positions, and movement of said track follower
from said first locating position to said second locating
position and back to said first locating position causes no net
rotation of said actuator member relative to the track bearing
member.
REFERENCE
The reference relied on by Examiner is as follows:
Gorgi et al. 6,074,008 Jun. 13, 2000
(Gorgi) (filed Jul. 7, 1998)
REJECTIONS AT ISSUE
Claims 9-13 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Gorgi.
OPINION
With full consideration being given to the subject matter on
appeal, Examiner's rejections and the arguments of Appellants and
Examiner, for the reasons stated infra, we reverse the Examiner's
rejection of claims 9-13 under 35 U.S.C. § 102(e).
Anticipation of a claim under 35 U.S.C. § 102(e) requires
that "each and every element as set forth in the claim is found,
either expressly or inherently described, in a single prior art
reference." In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949,
1950 (Fed. Cir. 1999) citing Verdegaal Bros., Inc. v. Union Oil
Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987).
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