Appeal No. 1999-2243
Application 08/567,081
A "logo" is "a graphic representation or symbol of a
company name, trademark, abbreviation, etc., often uniquely
designed for ready recognition." The logo of a casino would4
itself constitute a "selected casino theme," as recited in
claim 1, because in normal usage the logo or symbol of the
casino
would be used throughout the casino, generally wherever the
casino's name was displayed. Therefore, placing the casino
logo on the side panels of the Pike cart, as disclosed by
Pike, would constitute the claimed "means adapting said cart
to match a selected casino theme," and all the limitations of
claim 1 would be met.
In effect, our conclusion is that claim 1 is antici-
pated by Pike, under 35 U.S.C. § 102(b). Nevertheless, we
will sustain the rejection of claim 1 under § 103, since
4The Random House Dictionary of the English Language (2nd
Ed. 1987).
5
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