Appeal No. 97-4042
Application 08/578,248
1477, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). See also
LaBounty Mfg., Inc. v. Int’l Trade Comm’n, 958 F.2d 1066,
1075, 22 USPQ2d 1025, 1032 (Fed. Cir. 1992) (in quoting with
approval from Dwight & Lloyd Sintering Co. v. Greenawalt, 27
F.2d 823, 828 (2d Cir. N.Y. 1928)):
The use for which the [anticipatory]
apparatus was intended is irrelevant, if it
could be employed without change for the
purposes of the patent; the statute
authorizes the patenting of machines, not
of their uses. So far as we can see, the
disclosed apparatus could be used for
"sintering" without any change whatever,
except to reverse the fans, a matter of
operation.
Mackey discloses a tray for serving food and beverage
items
to a user in an automobile including an elongated body portion
(i.e., the entire lateral extent of the tray as depicted in
Figs. 1 and 2), food receiving recesses 25, 26 disposed along
a lengthwise extending center line, a first downwardly
extending projection (the frusto-conical depression 16
depicted on the right in Fig. 1), and a second downwardly
extending projection (the frusto-conical depression 16
6
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