Appeal No. 2004-1442 Page 5
Application No. 09/308,548
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
'fully met' by it."
In this case, the last element of claim 28 (i.e., "leaving said median parts of said
strands unattached to collectively form a middle section of said bundle, said middle
section of said bundle comprising a central member of said prosthetic ligament
approximating a length of an intra-articular portion of a natural ligament") is not readable
on Hlavacek for the reasons set forth in the brief (p. 10) and reply brief (pp. 2-3). As
shown in Figures 1- 2 of Hlavacek, the elongated textile structure 1 comprises a flat
braid having primarily axial (quoit) yarns 2 and sleeve/carrier yarns 5, which are given a
nominal 1.4 turn per inch twist before further processing to facilitate handling and to
minimize fiber breakage. Swivel end cap(s) 3 and surgical needle(s) 4 may be attached
at the end(s) of the elongated textile structure 1 to facilitate placement and attachment.
As such, Hlavacek's primarily axial (quoit) yarns 2 are attached together at their median
parts by the sleeve/carrier yarns 5. Therefore, Hlavacek's primarily axial (quoit) yarns 2
lacks the last element of claim 28.
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