Appeal No. 2005-1309
Application No. 09/971,505
common sides along the fold line. Thus, line 11' near
the left side of FIG. 1 is folded so as to bring the
faces of the two triangles 3' and 3" toward each other;
see FIG. 2.
All the diagonal fold lines 12, 13 are "outfold"
lines. Again see FIG. 2.
. . .
When the blank A is folded as described above, it
forms a flexible structure as shown in FIG. 2. Such
folding causes the top and bottom edges E and F of the
blank to approach each other so that the structure
shown in FIG. 2 is tube-like, almost completely
enclosing a central aperture. See FIG. 2A [column 2,
line 47, through column 3, line 30].
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
As indicated above, independent claim 1 requires the claimed
three-dimensional object to comprise several rows of hollow
pyramid elements that are joined in rows and “nested into one
another.” The examiner considers the “nested into one another”
limitation to be met by Hooker from two perspectives. First, the
examiner, citing Webster’s II New Riverside University Dictionary
(1984), advances a definition of the term “nested” as meaning “to
put snugly together” and submits that Hooker teaches adjacent
pyramid elements snugly or “nested” together because they are
shown in Figures 1 and 2 as having sides 3,3 or 4,4 that
4
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