Ex Parte STRUMOLO et al - Page 3




               Appeal No. 2005-0994                                                                           Page 3                   
               Application No. 09/432,485                                                                                              



               rejections, and to the brief (filed October 24, 2003) and reply brief (filed February 9,                                
               2004) for the appellants' arguments thereagainst.                                                                       


                                                             OPINION                                                                   
                       In reaching our decision in this appeal, we have given careful consideration to                                 
               the appellants' specification and claims, to the applied prior art references, and to the                               
               respective positions articulated by the appellants and the examiner.  As a consequence                                  
               of our review, we make the determinations which follow.                                                                 


               The anticipation rejection                                                                                              
                       We will not sustain the rejection of claims 1 to 6 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                               







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