Appeal 2006-3386
Application 10/448,569
infestation area 20 to an elevated lethal temperature for a long span of time to
eliminate undesirable organisms (Chu, col. 3, ll. 41-49).
4. Chu discloses a method of using cold air and hot air in sequence at the
same infestation area for a long enough period to exterminate organisms at the
infestation area (Chu, col. 4, ll. 47-49).
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. v. Union Oil Co. of California, 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).
“To establish inherency, the extrinsic evidence must make clear that the
missing descriptive matter is necessarily present in the thing described in the
reference, and that it would be so recognized by persons of ordinary skill.
Inherency, however, may not be established by probabilities or possibilities. The
mere fact that a certain thing may result from a given set of circumstances is not
sufficient.’” In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949, 1950-51 (Fed.
Cir. 1999) (citations omitted) (internal quotation marks omitted).
ANALYSIS
Claims 3 and 4 require that a first gaseous mixture, specifically chosen to
render rodents unconscious, is delivered through a delivery orifice for a first period
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