Ex Parte O'Dea - Page 3




             Appeal No. 2004-2103                                                               Page 3                
             Application No. 10/026,033                                                                               



             respective positions articulated by the appellant and the examiner.  As a consequence                    
             of our review, we make the determinations which follow.                                                  


                    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            
             'fully met' by it."                                                                                      


                    Claims 2 and 6 read as follows:                                                                   
                    2.     The brake circuit of claim 1 wherein the apply valve is a linear solenoid                  
                           valve.                                                                                     
                    6.     The method of claim 4 wherein the apply valve is a linear solenoid valve.                  











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