Ex Parte Lucke - Page 3



          Appeal No. 2004-1460                                                        
          Application No. 09/495,217                                                  

          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the brief and the answer for the             
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of anticipation and obviousness relied upon by the examiner as              
          support for the rejections.  We have, likewise, reviewed and                
          taken into consideration, in reaching our decision, the                     
          appellant’s arguments set forth in the brief along with the                 
          examiner’s rationale in support of the rejections and arguments             
          in rebuttal set forth in the examiner’s answer.                             
          It is our view, after consideration of the record before                    
          us, that the evidence relied upon does not support either of the            
          examiner’s rejections.  Accordingly, we reverse.                            
          We consider first the rejection of claims 1, 2, 5-8,                        
          11-13 and 16 under 35 U.S.C. § 102(e) as being anticipated by the           
          disclosure of Lindhorst.  Anticipation is established only when a           
          single prior art reference discloses, expressly or under the                
          principles of inherency, each and every element of a claimed                
          invention as well as disclosing structure which is capable of               
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