Ex Parte Porter et al - Page 8




          Appeal No. 2004-1058                                                        
          Application 09/584,053                                                      


          being arranged as shown in Figures 1 through 4 “so that either              
          the comb or blade side of the device may be used for trimming the           
          hair or shaving, as may be desired” (page 1, column 2).                     


               Anticipation is established only when a single prior art               
          reference discloses, expressly or under principles of inherency,            
          each and every element of a claimed invention.  RCA Corp. v.                
          Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ              
          385, 388 (Fed. Cir. 1984).                                                  


               As conceded by the examiner, “Deneen is silent as to whether           
          the device is used on an animal” (answer, page 6).  Hence, Deneen           
          does not meet the various limitations in independent claims 12,             
          24 and 28 requiring the performance of the recited method steps             
          on a furry pet.  Moreover, even if Deneen did teach the use of              
          the device on a furry pet, the examiner’s finding (see pages 4              
          and 5 in the second final rejection and page 6 in the answer)               
          that the blade edge of the device would “engage the loose hair of           
          the pet and pull it from the pet without cutting or pulling the             
          non-loose hair from the pet” when pulled along the handle axis as           
          recited in claims 12, 24 and 28 conflicts with Deneen’s                     


                                         -8-                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007