Ex Parte DUHAMEL - Page 6



          Appeal No. 2000-0206                                       Page 6           
          Application No. 08/699,328                                                  

          identical to the applied Lectric Lites' traffic sign) is                    
          designated a "Stop Ahead (Symbol)" warning sign.  Thus, the                 
          octagon symbol on the Lectric Lites' traffic sign does not                  
          provide the same traffic information as a typical "STOP" sign               
          (i.e., the regulatory sign designated R1 in the 1990 Uniform Sign           
          Chart of the California Department of Transportation) since the             
          typical "STOP" sign provides the traffic information to stop                
          where the sign is located.  In the embodiment of the appellant's            
          invention shown, for example, in Figure 3, the traffic                      
          information conveyed by the secondary traffic symbol (16')                  
          provides secondary traffic information unrelated to the first               
          traffic symbol (not identified in Figure 3 but identified as                
          symbol 13 in Figure 1) and to the first traffic information                 
          provided by the first traffic symbol.  In that regard, the                  
          appellant's first traffic symbol of Figure 3 informs a driver               
          that the driver must stop where the sign is located (as with a              
          typical "STOP" sign) while the appellant's second traffic symbol            
          of Figure 3 informs the driver that a vehicle approaching from              
          the driver's left has a typical "STOP" sign.  Thus, it is our               
          view that the information conveyed to the driver by the                     
          appellant's secondary traffic symbol is unrelated to the                    







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Last modified: November 3, 2007