Appeal No. 2003-1173
Application No. 09/991,855
facie unpatentability of the subject matter as a whole of instant claim 66.4 As shown in
Figures 1 through 3 of Inumochi, each of the rails has a uniform thickness over the
entire extent of air-bearing surface 2, as shown in the Figure 2D cross-section. Each
rail of Inumochi thus has a uniform thickness “between the leading and trailing edges”
as claimed.
We are therefore unpersuaded of patentability with respect to any of the claims
rejected under Section 103. We sustain the Section 103 rejections of claims 7, 8, 29,
34, 39, 66, and 69.
4 A claim that is anticipated by a reference is also obvious under 35 U.S.C. § 103, since
“anticipation is the epitome of obviousness.” See, e.g., Connell v. Sears, Roebuck & Co., 722 F.2d 1542,
1548, 220 USPQ 193, 198 (Fed. Cir. 1983); In re Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571
(CCPA 1982); In re Pearson, 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA 1974).
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