Appeal 2007-1266
Application 10/125,204
The Examiner concedes that Schwarzkopf discloses the plug structure
noted by Appellants, but points out that Schwarzkopf’s sealing ring further
includes a second portion having a flat sealing surface with a diameter
greater than the diameter of the cylindrical molding chamber. (Answer 5).
We are in agreement with the Examiner that the “rigid face seal”, as
claimed, reads on this structure. (See Findings of Fact 4 and 5). As properly
noted by the Examiner, the claim language is broadly directed to “a rigid
face seal ‘assembly.’” See Panduit Corp. v. Dennison Mfg. Co., 810 F.2d
1561, 1567-68, 1 USPQ2d 1593, 1597 (Fed. Cir. 1987) (In making a
patentability determination, analysis must begin with the question, "what is
the invention claimed?") Thus, while the claims require a flat face seal with
a diameter greater than that of the sample molding chamber, the claims do
not preclude the presence of an additional sealing structure which extends
into the cylindrical molding chamber, In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1432 (Fed. Cir. 1997)(a reference is anticipatory within
the meaning of § 102 if it discloses each and every claim limitation either
expressly or inherently).1 Therefore, we affirm the Examiner’s rejection of
the claims as anticipated by Schwarzkopf.
1 We are also unpersuaded by Appellants’ contention that the surfaces
relied on by the Examiner “are nothing more than surfaces which form stops
for the internal seals within the walls of the chamber.” (Reply Br. 3). In our
view, Schwarzkopf’s disclosure that the rings 42, 38, and 34 provide a
closed compression cavity 44 from which powdered metal 46 cannot escape
indicates that the rings externally enclose and seal the molding chamber as
recited in the claims. See, Hewlett-Packard Co. v. Mustek Sys., Inc., 340
F.3d 1314, 1325 n.6, 67 USPQ2d 1825, 1832 n.6 (Fed.Cir.2003)(“The
anticipation analysis asks solely whether the prior art reference discloses and
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