Ex Parte MITCHELL et al - Page 2




          Appeal No. 2002-1798                                                        
          Application 09/238,804                                                      

                                     BACKGROUND                                       
               The invention relates to a vehicle speed measuring and                 
          display device that displays an approaching vehicle's speed on a            
          digital display at a subdued, steady state when the speed is                
          under the legal speed limit and at a highly visible, warning                
          state when the speed is above the legal speed limit.  The warning           
          state may be provided by flashing or an accentuating color.2                
               Claim 31 is reproduced below.                                          
                    31.  A vehicle speed measuring and display device                 
               comprising:                                                            
               a mobile display structure adapted to be positioned at a               
               roadside location where it can be seen by a driver of                  
               an approaching vehicle,                                                
               means for providing a signal indicative of the actual speed            
               of a vehicle approaching said structure,                               
               means on said structure responsive to said signal for                  
               displaying said vehicle's speed in a digital form, said                
               display means having electrically responsive indicia                   


          2  It is noted that many companies manufacture radar speed                  
          monitors with a speed alarm option that flashes the speed when              
          the speed limit is exceeded, e.g., MPH Industries                           
          (wwww.mphindustries.com/products_home/monitor_trailers2.html),              
          Traffic Display Monitor Co. (1-radar-speed-trailer-                         
          display.com/feature.htm), McCoy's Lawline                                   
          (www.policeradar.com/RadarTrailer2.htm).  These were found with a           
          Google search using "radar speed displays."  However, the date              
          these devices were first made is unknown and appellants have an             
          effective filing date of September 18, 1997.  Since it is known             
          that many commercial devices will infringe any patent that may              
          issue on this application, it is in the best interests of both              
          the public and appellants to have the best possible rejection               
          made in the first instance.                                                 
                                        - 2 -                                         





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