Appeal No. 97-2725
Application 08/138,456
distinguish from Susuki inasmuch as the block-shaped sign
shown in Figure 2 of the Susuki drawings is also inherently
capable of being attached adjacent to an inlet cover
particularly since the patentee discloses that the block-
shaped sign is intended to be embedded in a vehicle-supporting
road surface.
The fact that Susuki may not expressly disclose the
attachment of his block- shaped sign at such a location is of
no moment as long as it is inherently capable of being
attached at such a location. See, inter alia, Standard Havens
Prods. Inc.
v. Gencor Indus. Inc., 953 F.2d 1360, 1369, 212 USPQ2d 1321,
1328 (Fed. Cir. 1991).
With further regard to claim 22, appellant does not
appear to challenge the examiner’s findings on page 5 of the
answer that Susuki’s block-shaped sign is in the form of an
indicator comprising a primary molded mass 11 (see column 2,
lines 3-4 of the Susuki specification) having a top surface.
Appellant also does not appear to challenge the examiner’s
findings on page 5 of the answer that Susuki has visible
indicator means in the form of elements 10 embedded in the
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