Appeal 2006-2139
Application 10/292,221
sketch 7 in simulation of any desired article. One half of the sketch is
provided on one side of the leaf and the other half of the sketch is provided
on the opposite side of the leaf.
Meyers discloses a method of using the book. Pursuant to the
disclosed method, the student would study the portion of the sketch on one
side of the leaf to obtain “a mind’s eye picture thereof” (Meyers 1: 64).
After giving the picture sufficient thought to make an impression on his
mind, the student would turn the page over and draw from memory the
portion of the sketch studied adjacent to the remaining portion of the sketch,
thus completing the sketch (Meyers 1: 60-76).
Meyers’ leaves, or sheets, can be made of any suitable material upon
which pencil markings may be erased (Meyers 1: 88-92).
Appellant proffers four published definitions to denote the ordinary
meaning of “free-form” (Br. 5-6). These definitions include “a shape having
an irregular contour,” “encouraged to function or evolve without advance
planning; spontaneous,” and “having or characterized by a usually flowing
asymmetrical shape or outline.”
PRINCIPLES OF LAW
Anticipation is established only when a single prior art reference
discloses, expressly or under the 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). In other
words, 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
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