Ex Parte Gerstmar - Page 4

                Appeal 2007-0270                                                                              
                Application 10/434,712                                                                        

           1                                  PRINCIPLES OF LAW                                               
           2          A claim is anticipated only if each and every element as set forth in                   
           3    the claim is found, either expressly or inherently described, in a single prior               
           4    art reference.  Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d 628, 631, 2                   
           5    USPQ2d 1051, 1053 (Fed. Cir. 1987).  The inquiry as to whether a reference                    
           6    anticipates a claim must focus on what subject matter is encompassed by the                   
           7    claim and what subject matter is described by the reference.  As set forth by                 
           8    the court in Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ                      
           9    781, 789 (Fed. Cir. 1983), it is only necessary for the claims to “read on”                   
          10    something disclosed in the reference, i.e., all limitations of the claim are                  
          11    found in the reference, or “fully met” by it.                                                 
          12                                                                                                  
          13                                    ANALYSIS                                                      
          14          From our review of the record, we find that to meet the language                        
          15    “substantially vertically centrally between said upper and lower edges”, it is                
          16    necessary that the pillow structure be located substantially vertically                       
          17    between the upper and lower edges of the collar 22.  This is shown in                         
          18    Appellant’s figure 4 where the pillow 26 is vertically centered between the                   
          19    upper and lower edges of the collar 22.  The term "centered" refers to being                  
          20    centered between the upper and lower edges, not in the back of the collar.                    
          21    Turning to Flinsch, we find that auxiliary cushion b, while it can be located                 
          22    along the back of the collar, is attached at c near the top of the cushion a.                 






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