Ex parte THORP et al. - Page 7




          Appeal No. 1997-3280                                                        
          Application No. 08/212,065                                                  


               The examiner, twice, mislabels the phosphorescent layer                
          as 106 instead of 108 which appears to have led to the                      
          misreading of the reference, thereby resulting in the final                 
          rejection.  It is                                                           
          understandable how the examiner could have misinterpreted the               
          reference numeral due to the poor quality of the text in the                
          copy used by the examiner.  However, the official text of                   
          Spencer ’783 shows the correct element numbers.  Clearly,                   
          element 106 of Spencer is discussed as being a smooth light                 
          transmittive surface of the retroreflective layer 102.                      


               Appellants argue (brief, pg. 5) that Spencer’s invention               
          "does not include a fluorescent film superimposed on or                     
          incorporated into the retroreflective member.  Further, there               
          is nothing in the reference to suggest such superimposing or                
          incorporating and no secondary reference is cited to provide                
          such a suggestion."  We agree with appellants.  We do not find              
          that Spencer ’783 discloses an electroluminescent light source              
          with a retroreflective sheet superimposed on the light source               
          and a fluorescent film superimposed on the retroreflective                  
          sheet, but merely the retroreflective material superimposed on              
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