Appeal 2007-0870
Reissue Application 09/902,904
Patent 6,038,784
(ii) the trough in Slipp's drying rack is designed to drain water
away from the peg and, thus, minimizes potential for mold and bacterial
growth because a drying area would remain dry (Answer, 14);
(iii) pivot means f in Slipp imparts lateral stability to the pegs c and
d as shown in Figs. 1 and 2 because it prevents side to side motion and
deters any motion other than that about a single axis of rotation (Answer,
15);
(iv) the top surfaces of tray a or horizontal bar e can reasonably and
broadly be construed as the claimed disk holding means since each connect
to an upper surface of the a tray and can be used to isolate baby bottle disks
from areas of the tray where liquid may collect (Answer, 16); and,
(v) Slipp inherently anticipates the claimed frictional means
because friction causes the pegs to remain in a second operative position
until the hand of a user overcomes friction to collapse the pegs toward a first
storage position and the claim language "for frictionally engaging" is a
statement of intended use only (Answer, 17-18).
c. analysis
A determination that a claim is anticipated under 35 U.S.C. § 102(b)
involves two analytical steps -- first, the claims must be given their broadest
reasonable interpretation, where necessary; and, second, the construed claim
must be compared to a prior art reference to determine if each and every
claim limitation is found either expressly or inherently in that single prior art
reference. In re Crish, 393 F.3d 1253, 1256, 73 USPQ2d 1364, 1366 (Fed.
Cir. 2004).
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