Ex Parte Siegel - Page 7




              Appeal No. 2005-0934                                                                 Page 7                
              Application No. 10/414,060                                                                                 



              The anticipation rejection                                                                                 
                     We will not sustain the rejection of claim 1 under 35 U.S.C. § 102(b).                              


                     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."                                                                                        


                     Takamiya provides that in the past it was a laborious burden to carry bags in one                   
              hand while an umbrella was open.  Takamiya teaches to solve that problem by the use                        
              of an umbrella which during departure through an open door of a car on a rainy day is                      
              attached to the glass window of the door to provide standing room and allow the user to                    
              have both hands available (see Figures 1(a) and 1(b)).                                                     








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