Appeal 2007-4073
Application 10/739,417
1 15) Ruo states that its parts are made of PVC plastic or other suitable
2 material. (Id. at col. 1, ll. 53-54).
3
4 16) Ruo’s washers are fixed on a piston with adhesives used to stick them
5 together. (Id. at col. 1, ll. 54-59).
6
7 3. Schaefer, U.S. Patent 4,813,343
8 17) Schaefer describes a ringless piston construction having a resilient
9 outer member formed from a material, such as nitrile rubber. (Schaefer,
10 Abstract).
11
12 18) Schaefer states that its improved ringless piston is formed with a
13 material, such as nitrile rubber, the material having a hardness in the range
14 of from 60 to 80 durometers. (Id. at col. 1, ll. 41-52).
15
16 PRINCIPLES OF LAW
17 During prosecution of a patent application, claims are given their
18 broadest reasonable interpretation consistent with the specification. In re
19 Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969)
20 (unpatented claims given broadest reasonable construction consistent with
21 specification).
22 Anticipation under 35 U.S.C. § 102 is a question of fact. Brown v.
23 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001). A claim
24 is anticipated only if each and every element as set forth in the claim is
25 found, either expressly or inherently described in a single prior art reference.
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