Wednesday, August 21, 2013

Added element in prior art --> no anticipation

from within Ex parte Trosser

However, as Appellants have asserted, Wu also required the inclusion
of a first fluidizer of aluminum hydroxide gel, which the Examiner has not
established was within the bounds of the claim limitations. Therefore, we
agree with Appellants that the Examiner has not established that Wu
disclosed the claimed invention. See Verdegaal Bros. v. Union Oil Co. of
California, 814 F.2d 628, 631 (Fed. Cir. 1987).


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