Appeal No. 2004-1072 Page 6
Application No. 09/868,150
a single magnetic flux circuit. The examiner responded (answer, pp. 4-5) to this
argument as follows:
In the arguments received 6/5/03, the applicant contends Uemura does
not disclose two different magnetic flux circuits, applicant attention is directed to
Uemura in column 2, lines 10-13, Uemura specifically stated "When the electric
current in the first direction is applied to the coil 5, the disc shaped armature 2 is
attracted by the electromagnetic force of the coil", which is the first magnetic flux.
Further, Uemura specifically stated in column 2, lines 18-20, "when the electric
current in the second direction or in the direction opposite to the first direction is
applied to the electromagnetic coil 5", which is the second magnetic flux. Further,
the applicant argues that the patent of Uemura does not disclose nor obvious
that "the electromagnet shortly before the armature 2 reaches its end position
acts on an armature by a second pole face 6a", as indicated by the Examiner.
Applicant should note that in claim 7, the claimed limitation "a second pole face"
has been identified as element (26), which is equivalent to element (6a) of
Uemura, and as seen in Figure 1. Therefore, before the moveable armature 2
reaches its end position, the electromagnet acts on an armature surface 2a by
the second pole face 6a as seen in Figure 1.
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
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