Appeal No. 2005-2176 Page 9
Application No. 10/266,229
Reighard appears to be representative of the conventional hot melt adhesive
systems discussed in the appellant’s specification.1 In this regard, the Reighard system
includes a pump 16 composed of a barrel or sleeve 45 which defines four inlet ports 70,
an interior chamber 71 and an outlet port 72, and a piston 50 slidable within the barrel, a
manifold block 17 located downstream of the pump 16, and a filter 82 disposed in the
manifold block 17 (see Reighard at column 2, line 66, through column 3, line 6; column
3, lines 51 through 53; column 4, line 56, through column 5, line 33). Reighard’s
description and illustration of the pump and manifold make it abundantly clear that these
are separate and distinct components of the hot melt adhesive system.
For anticipation to lie, there must be no difference between the claimed invention
and the reference disclosure, as viewed by a person of ordinary skill in the field of the
invention. Scripps Clinic & Research Found. v. Genentech Inc., 927 F.2d 1565, 1576,
18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
The examiner’s rejection of claim 1 and the majority’s affirmance thereof rest on
the proposition that Reighard’s manifold block 17 is part of a “pump housing” as recited
in claim 1. The clear and express teachings of Reighard, as they would be understood
by a person of ordinary skill in the art, provide no reasonable support for, and in fact
1 The assignee listed on the front of the Reighard patent, Nordson Corporation, is the same as
the real party of interest in the instant application as named on page 1 in the appellant’s main brief.
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