Ex Parte Rossi - Page 3




              Appeal No. 2005-1033                                                                 Page 3                
              Application No. 10/236,460                                                                                 



                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                       
              the appellant regarding the above-noted rejections, we make reference to the answer                        
              (mailed October 6, 2004) for the examiner's complete reasoning in support of the                           
              rejections, and to the brief (filed August 5, 2004) and reply brief (filed December 8,                     
              2004) for the appellant's arguments thereagainst.                                                          


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


                     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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