Appeal 2006-2453
Application 10/302,391
level of knowledge in November 2002 of one of ordinary skill in the
art of filtration modules.
23) According to Dr. Cheng,
polyurethane adhesives are a different type of
adhesive. Polyurethanes are formed through the
reaction of an isocyanate component with amines,
polyols, or other active hydrogen compounds,
Polyurethane adhesives require a catalyst, heat or
air evaporation to initiate complete curing. Thus,
polyurethane adhesives are different in
composition and property from UV curable
adhesives. [Cheng Declaration, ¶ 8.]
PRINCIPLES OF LAW
1) Anticipation under 35 U.S.C. § 102(e) requires that "each and every
element as set forth in the claim is found, either expressly or
inherently described, in a single prior art reference." In re Robertson,
169 F.3d 743, 745, 49 USPQ2d 1949, 1950 (Fed. Cir. 1999).
2) The Examiner bears the initial burden of establishing a prima facie
case of anticipation. In re King, 801 F.2d 1324, 1326-27, 231 USPQ
136, 138 (Fed. Cir. 1986).
3) A determination that a claim is anticipated involves two analytical
steps. First, the Board must interpret the claim language, where
necessary. Second, the Board must compare the construed claims to a
prior art reference to determine whether each and every limitation is
found either expressly or inherently in that reference. In re Crish, 393
F.3d 1253, 1256, 73 USPQ2d 1364, 1366-67 (Fed. Cir. 2004).
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