Appeal No. 2004-1249
Application 09/857,086
support lugs 41 extending inwardly toward the central
vertical axis of closure 12. Each lug 41 has an inner
wall 42 and sidewalls 43 and 44 which extend generally
vertically upwardly from diaphragm 31 to a shoulder 45.
Shoulder 45 extends generally horizontally inwardly
from the lower extent of curved wall 34 as the upper
surface of lug 41. Sidewalls 43 and 44 extend inwardly
from wall 33 to the respective inner wall 42 [column 3,
lines 29 through 38].
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 indicated above, independent claim 1 recites that the
side (3) of the lid facing radially inwards has a surrounding
terracing (7) having approximately the same width as the box-
shaped projections (6) and that the box-shaped projections are
arranged on the terracing and extend up to the upper edge of the
encompassing area (2) of the lid. In determining that the
subject matter set forth in claim 1 is anticipated by Smith (see
page 3 in the answer), the examiner finds that Smith’s closure or
lid 12 embodies an encompassing area in the form of annular rim
35, an inwardly facing side in the form of concavely curved
annular ring 34, box-shaped projections in the form of lugs 41-
6
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