Appeal No. 2004-2291 Page 5
Application No. 10/318,506
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."
Independent claims 21 and 23 read as follows:
21. Eddy current braking apparatus for a rail mounted car, the apparatus
comprising:
a car moveable along at least one rail; the rail being disposed in a
curvilinear pattern about a vertical reference;
magnet means, disposed on the car, for providing a magnetic flux, said
magnet means consisting of a single array of magnets; and
conductive means disposed in a curvilinear pattern exterior to the car
about the vertical reference, for engaging the magnetic flux and causing
movement of the car along the rail to produce eddy currents in the conductive
means resulting in a braking force between the magnet means and the
conductive means.
23. Eddy current braking apparatus for a rail mounted car, the apparatus
comprising:
a car moveable along at least one rail; the rail being disposed in a
curvilinear pattern about a vertical reference;
magnet means, disposed in a curvilinear pattern exterior to the car about
the vertical reference, for providing a magnetic flux, said magnet means
consisting of a single array of permanent magnets; [and]
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