Appeal No. 2006-1439
Application No. 10/195,178
alloy disclosed in the reference is magnetic. Moreover, the Examiner has
not established that Masumoto employs the disclosed alloy in a
magnetic device as required by the independent claims. See Scripps
Clinic & Research Found. v. Genentech, Inc., 927 F.2d 1565, 1576, 18
USPQ2d 1001, 1010 (Fed. Cir. 1991). (In order for a claimed invention to
be anticipated under § 102, all of elements of the claimed invention
must be found in a single reference.)
Under these circumstances, we cannot conclude that the Examiner
has met the minimum threshold of establishing anticipation under
35 U.S.C. § 102. Therefore, the Examiner’s rejection of claims 1, 3, and 6
under § 102 is reversed.
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