Appeal 2007-1391
Application 10/875.047
RELEVANT FACTUAL FINDINGS
1. Gatti describes a check valve useful for plastic extruding systems
(cols. 1 and 2).
2. Gatti’s check valve has a sliding ring having apertures 31 through
which resin flows (col. 5, ll. 19-21).
3. Gatti’s apertures 31 are arranged at an angle of between 15 to 30
degrees from the vertical so that “the flushing characteristics of side aperture
valves can be achieved while still maintaining all of the advantages of
standard forward-facing apertures.” (col. 5, ll. 20-24).
ANALYSIS
To establish anticipation within the meaning of 35 U.S.C. § 102(b), a
single prior art reference must teach either expressly or inherently each and
every limitation recited in the claims on appeal. In re Schreiber, 128 F.3d
1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
Here, the Examiner has relied on apertures 31 of the ring shape seal
illustrated in Gatti as corresponding to the claimed grooves. (Answer 4-6).
The Appellant contends that apertures 31 are not grooves and are not located
in the interior of the circumerential surface of the ring, extending from the
forward face to the rear surface. (Br. 13-15).
The dispositive question is, therefore, whether the Examiner has
demonstrated that Gatti’s apertures correspond to the “groove interior of a
circumferential surface of said [seal] ring and extending from a forward
surface of said valve [sic., ring] toward said rear surface” recited in claim 1
within the meaning of 35 U.S.C. § 102(b). On this record, we answer this
question in the negative.
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Last modified: September 9, 2013