Appeal No. 2005-2174
Application No. 10/060,614
Boggess respond to all of the limitations in each appealed claim except for those
limitations pertaining to illumination.2 As indicated above, independent claim 61
requires the distal cantilevered portion (which reads on either of Boggess’ frames 16 or
216) to carry illumination. Similarly, independent claim 66 recites the step of causing
illumination to be associated with a distal cantilevered portion, independent claim 68
calls for an illuminated distal portion, independent claim 69 sets forth a distal
cantilevered portion comprising illumination, independent claim 70 requires a
cantilevering display segment with at least one source of illumination and independent
claim 71 recites a distal segment with illumination. The distal cantilevered portions of
the Boggess displays (frames 16 and 216) do not carry, and are not associated with,
any sort of illumination. To account for this deficiency in Boggess, the examiner turns to
Sernovitz.
Sernovitz discloses “an illuminated display device such as a price tag for use on
display racks, shelving or the like for retail merchandise” (column 1, lines 6-8). The
device 10 comprises a one-piece housing 11 having a rear wall 12 and side walls 13, a
battery compartment 15 defined in the rear wall, a battery 26 in the compartment, a
circuit board 20 lying within the housing and carrying light elements 25 and timing
circuitry for blinking the light elements on and off, a display panel 30 overlying the circuit
board and having holes 31 for passage of the light elements, a transparent cover 40
2 The appellant’s observation that “[t]he [Boggess] frame carries a non-illuminated display placard 22, but
no customer removable tickets or coupons” (main brief, page 9) applies only to frame 16. The frame 216
in Boggess’ second embodiment does carry customer removable tickets or coupons.
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