Appeal 2006-2712
Application 10/745,095
engine rotational speed at which the pressure plate moves to the clamped
position.
PRINCIPLES OF LAW
A claim is anticipated only if each and every element as set forth in
the claim is found, either expressly or inherently described, in a single prior
art reference. Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484 U.S. 827 (1987). The
inquiry as to whether a reference anticipates a claim must focus on what
subject matter is encompassed by the claim and what subject matter is
described by the reference. As set forth by the court in Kalman v.
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir.
1983), cert. denied, 465 U.S. 1026 (1984), it is only necessary for the claims
to "'read on' something disclosed in the reference, i.e., all limitations of the
claim are found in the reference, or 'fully met' by it."
ANALYSIS
The Markyvech front plate 125 is axially moved to accommodate
wear and may be moveable absent wear. Axial movement of the disk would
adjust the rotational speed at which the pressure plate moves to the clamped
position. The Appellant has not shown that the Examiner erred in finding
that this requirement of claim 1 is met by Markyvech.
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