Appeal No. 97-2725
Application 08/138,456
F.2d 437, 440, 140 USPQ 273, 276 (CCPA 1964). In any event,
Susuki’s block-shaped sign clearly is inherently capable of
being used to identify a specific type of petroleum product in
the manner stated in the preamble of claim 22.
Based on the foregoing analysis, we are satisfied that
this Susuki expressly or inherently discloses all of the
limitations in claim 22 to thus anticipate the subject matter
of claim 22. See RCA Corp. v. Applied Digital Data Sys.,
Inc.,730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
The rejection of this claim under § 103 is nonetheless proper
since anticipation is the epitome of obviousness. See In re
May, 574 F.2d 1082, 1099,
197 USPQ 601, 607 (CCPA 1978).
In summary, the examiner’s decision rejecting claims 1
through 9 and 22 under the second paragraph of § 112 is
reversed, the examiner’s decision rejecting claims 1 though 9
under § 103 is also reversed, and the examiner’s decision
rejecting claim 22 under § 103 is affirmed.
AFFIRMED-IN-PART
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