Appeal 2007-0787
Application 10/689,230
1 F. 14. The lever assembly includes a shank or base 20 and a lever or handle
2 body 22.11
3 F. 15. The handle 22 may be made of materials including “metal such as
4 chrome or brass, wood, porcelain or plastic.12”
5 F. 16. Tokarz does not describe the material of the shank portion 20.
6 F. 17. Tokarz does not anticipate the subject matter of Claim 1.
7 ISSUES
8 The Examiner contends that the subject matter of Claim 1 is
9 anticipated by the lever assembly described and shown by Tokarz.
10 Applicant contends that Tokarz does not describe all the limitations of
11 Claim 1 and is not anticipated.
12 The issue before us is whether Tokarz describes a lever assembly
13 encompassed by the subject matter of Applicant’s Claim 1.
14 PRINCIPLES OF LAW
15 Anticipation requires that that every limitation of the claim be found,
16 either expressly or under principles of inherency, in a single prior art
17 reference. Minnesota Mining and Mfg. Co. v. Johnson & Johnson
11 Tokarz 2:45-47.
12 Tokarz 1:56-59.
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Last modified: September 9, 2013