Appeal 2007-3154
Application 10/262,817
To anticipate, every element and limitation of the claimed invention
must be found in a single prior art reference, arranged as in the claim.
Karsten Mfg. Corp. v. Cleveland Golf Co., 242 F.3d 1376, 1383, 58
USPQ2d 1286, 1291 (Fed. Cir. 2001).
Appellants argue that Soltanpour does not disclose a pump assembly
that is tubular, but that in fact is rectangular (Br.2 6). We agree, and the
rejection is reversed.
Figure 1a, the figure the Examiner relies upon, is reproduced below.
Figure 1a is a side elevational view, partly in section, of the basic pump
assembly of the invention of Soltanpour.
Claim 1 requires a tubular member comprising an electroactive
polymer actuator that is configured to expand and contract at least a portion
of an inner volume of said tubular member based upon received control
signals. The Examiner points to 17 and 17’ as comprising the tubular
2 All references to the “Brief” (Br.) are to the Appeal Brief dated December
1, 2006).
3
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