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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Last modified: September 9, 2013