Ex Parte Bertolini - Page 4




          Appeal No. 2004-2059                                                        
          Application No. 10/278,725                                                  


               described later.  Between the said vaults, there are                   
               slits (2) which divide the panel into an array of rigid                
               sub-elements in the form of pedestals, which are                       
               inter-connected by small cross-sections of material                    
               (3).  This allows the panel to flex and to accommodate                 
               undulations in the surface of the structural sub-floor.                
               [Column 3, lines 11-25.]                                               
               Figures 6-9 illustrate a second modular floor panel                    
          embodiment.  According to Boyd:                                             
                    This second type of construction differs from the                 
               first in that additional slits (5) are provided which                  
               divide the panel into triangular sub-elements (6).                     
               Triangular sub-elements have the advantage of                          
               accommodating to an uneven sub-surface, and this type                  
               of construction is applicable to the use of rigid                      
               materials such as pressed steel, cast aluminium, or                    
               rigid plastics.  [Column 3, lines 59-65.]                              
               Anticipation under 35 U.S.C. § 102(b) is established only              
          when a single prior art reference discloses, either expressly or            
          under the 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.), cert.                   
          dismissed, 468 U.S. 1228 (1984).  It is not necessary that the              
          reference teach what the subject application discloses and                  
          claims, but only that the claim on appeal “reads on” something              
          disclosed in the reference, i.e., that all limitations of the               
          claim are found in the reference.  See Kalman v. Kimberly-Clark             
          Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983),               

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