Appeal No. 2004-1178
Application No. 09/655,899
OPINION
The subject matter of claim 1 is directed to a flexible joint compound
that comprises, inter alia, for each 100 parts by weight of calcium sulfate
hemihydrate, 2 to 20 parts by weight of an emulsion polymer having a Tg of
less than about -40oC and 26 to 44 parts by weight total water. The subject
matter of claim 7 is directed to a method of producing flexible joints
comprising applying a joint compound that comprises, inter alia, for each
100 parts by weight of calcium sulfate hemihydrate, 2 to 20 parts by weight
of an emulsion polymer having a Tg of less than about -40 oC and 26 to 44
parts by weight total water.
The Examiner’s position is that each of the cited prior art references
anticipates the subject matter of claims 1 and 7. (Answer, page 4.) We
cannot agree.
“To anticipate a claim, a prior art reference must disclose every
limitation of the claimed invention, either explicitly or inherently.” In re
Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997);
accord Glaxo Inc. v. Novopharm Ltd., 52 F.3d 1043, 1047, 34 USPQ2d 1565,
1567 (Fed. Cir. 1995). In addition, the prior art reference must disclose the
limitations of the claimed invention “without any need for picking,
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