In Re Johannes

566 F. App'x 923
CourtCourt of Appeals for the Federal Circuit
DecidedJune 5, 2014
Docket2014-1052
StatusUnpublished
Cited by1 cases

This text of 566 F. App'x 923 (In Re Johannes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Johannes, 566 F. App'x 923 (Fed. Cir. 2014).

Opinion

PER CURIAM.

Adrianus Johannes Maria Reijers appeals the decision of the United States Patent and Trademark Office’s Board of Patent Appeals and Interferences (“Board”) affirming the rejection of four claims of Reijers’s patent application. Re-ijers challenges the Board’s finding that independent Claim 11 is anticipated under 35 U.S.C. § 102(b) by U.S. Patent No. 2,211,490 (“Braun”). 1 Because substantial evidence supports the Board’s conclusion that Braun anticipates Claim 11, we affirm.

I

Reijers’s application claims.a method of removing liquid from the surface of a “food strand.” The strand is moved through a series of “gas flows” or “gas knives” that blow liquid from the strand. Independent Claim 11 states:

11. Method for removing liquid from the surface of a food product, character-ised [sic ] in that
the food product is supplied as a food strand, which food strand is successively carried through a plurality of gas flows
wherein a supply means for gas is placed adjacently of a transport route of the food product and the supply means for gas are adapted to generate the plurality of gas flows crossing the transport route successively in the direction of transport wherein the separate gas flows originate from placed-apart slots to blow liquid from the food product in a number of phases by a number of successive and mutually separated gas knives.

J.A. 32.

The Examiner rejected Claim 11 as anticipated by Braun. Similar to Claim 11 in Reijers’s application, the Braun patent claims a method for drying food products. Claim 5 reads:

*925 5. A method of drying tubular structures which comprises inflating a tubular structure with a gas, then passing said tubular structure over a conduit and ejecting a hot gas from openings in said conduit directed towards said tubular structure in order to suspend said tubular structure in said hot gas and thereby dry the same.

Braun, col. 5:38-6:2. As an example of a “tubular structure,” Braun describes “artificial sausage skins, from solutions or fibrous masses of vegetable or animal origin.” Id. col. 1:2^4. Braun further discloses that the claimed conduit “openings” may take the form of “parallel continuous rows of openings separated by a small interval....” Id. col. 8:24-26. The pressure of the gas ejected through the openings may be varied depending on the type of tubular product to be dried. See id. col. 2:38-46 (contrasting the relatively low minimum pressures needed to dry most tubular products with the higher pressures needed to dry the “special case[ ]” of “coronary sausage”).

In rejecting Claim 11 as anticipated, the Examiner concluded that Braun discloses “a plurality of gas flows” — ejected from “placed-apart slots” — that separately flow “over the sausage food product to dry the sausage.” J.A. 57. Reijers appealed the rejection to the Board, arguing that “Braun does not teach that the openings blow liquid from the product or that the openings represent successive, mutually separate gas knives that blow liquid from the product in phases.” J.A. 3. In affirming the Examiner’s rejection, the Board found that Braun necessarily would anticipate the claim elements that Reijers argued were not expressly disclosed.

Braun’s openings are in the form of placed-apart slots. These placed-apart slots/openings of Braun, like those recited in claim 11, necessarily would create successive and mutually separated gas knives, and Appellant provides the appeal record with no explanation to the contrary. Likewise, the separate gas flows originating from Braun’s slots/openings necessarily would blow liquid from food product in the course of achieving the drying objective desired by Braun. Again, Appellant does not offer a contrary explanation in the record of this appeal.

J.A. 3-4 (internal citations omitted).

Reijers timely appealed. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(4)(A).

II

Anticipation is a question of fact, as is the subsidiary question of whether a prior art reference discloses — either expressly or inherently — a claim limitation. In re Sehreiber, 128 F.3d 1473, 1477 (Fed.Cir.1997). We uphold decisions of the Board on factual matters if there is substantial evidence in the record to support the Board’s findings. In re Hyatt, 211 F.3d 1367, 1372 (Fed.Cir.2000). A finding is supported by substantial evidence if a reasonable mind might accept that evidence as adequate to support a conclusion. Consol. Edison Co. of New York v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938).

Reijers’s principal argument on appeal is that Braun does not disclose a method for blowing liquid from a food product, as required by Claim 11. Reijers argues that “there is no express disclosure in Braun that there is liquid on the surface of the sausage casing.” Appellant’s Br. 12. Moreover, Reijers contends that Braun “teaches a gentle drying process,” not a blowing drying process. Quoting language from Braun’s specification, Reijers notes *926 that Braun’s gas flows merely “play over” the conveyed casing.

We note that the Board did not find, and the Director need not show, that Braun expressly discloses the blowing of liquid from the surface of a sausage casing. The Board found that “gas flows originating from Braun’s slots/openings necessarily would blow liquid from food product in the course of achieving the drying objective desired by Braun.” J.A. 3^4 (emphasis added). We have long held that such inherent disclosure may serve as a basis for a finding of anticipation. “It is well settled that a prior art reference may anticipate when the claim limitations not expressly found in that reference are nonetheless inherent in it. Under the principles of inherency, if the prior art necessarily functions in accordance with, or includes, the claimed limitations, it anticipates.” In re Cruciferous Sprout Litig., 301 F.3d 1343, 1349 (Fed.Cir.2002) (citations and internal quotation marks omitted). Moreover, an inherent disclosure may anticipate a method claim. See id.; see also Perricone v. Medicis Pharm. Corp., 432 F.3d 1368, 1378 (Fed.Cir.2005) (“[W]hen considering a pri- or art method, the anticipation doctrine examines the natural and inherent results in that method without regard to the full recognition of those benefits or characteristics within the art field at the time of the prior art disclosure.”).

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Bluebook (online)
566 F. App'x 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-johannes-cafc-2014.