Appeal No. 2005-0978
Application No. 09/983,232
Eilon et al. (Eilon) 5,773,911 Mar. 31, 1998
Pettersen et al (Pettersen) 6,166,074 Dec. 26, 2000
Grounds of Rejection
Claims 51-53 stand rejected under 35 U.S.C. §102(b), as anticipated by Eilon.
Claims 54-56 stand rejected under 35 U.S.C. §103(a), as unpatentable over
Petterson.
We reverse these rejections.
DISCUSSION
35 U.S.C. §102(b)
Claims 51-53 stand rejected under 35 U.S.C. §102(b), as anticipated by Eilon.
“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. 1987). “It is also an elementary principle of patent law that when, as by a recitation
of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if
one of them is in the prior art.” Titanium Metals Corp. of America v. Banner, 778 F.2d
775, 782, 227 USPQ 773, 779 (Fed. Cir. 1985).
According to the examiner, “Eilon et al. disclose a method for inducing cell death
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007