Ex parte POLING - Page 7




          Appeal No. 95-4589                                                          
          Application 08/042,888                                                      


          This being the case, we will not sustain the rejection of                   
          claim 11 under 35 U.S.C. § 112, second paragraph.                           
               Turning to the rejection of claims 1-3, 5-8, 11, 12, 14-               
          16 and 18-20 under 35 U.S.C. § 103 as being unpatentable over               
          McComb in view of Forrest and Swanson, the answer states that:              
                    McComb discloses an electric illuminating                         
               display device which is comprised of a housing, a                      
               central primary lighting element (15, page 2, column                   
               1, lines 44 to 45, figure 1, and the light source in                   
               the center, figure 7) which may continuously                           
               illuminate (also page 2, column 1, lines 42 to 45),                    
               and a plurality of groups (2 to 14, figure 1 and 22                    
               to 24, figure 7) of secondary lighting elements (17)                   
               with one group of secondary lighting elements                          
               surround[ing] another group of secondary lighting                      
               elements.  McComb further discloses that the housing                   
               includes a translucent face (29, page 2, column 2,                     
               lines 85 to 87) which lies over the primary and                        
               groups of secondary lighting elements in a plane                       
               perpendicular to a direction of light emitting from                    
               the primary and groups of secondary lighting                           
               elements.  McComb also shows that central portion of                   
               this translucent face overlies the central primary                     
               lighting element, and a plurality of color[ed]                         
               elements may overlie the groups of secondary                           
               lighting elements (page 1, column 2, lines 65 to                       
               66).  These groups of secondary lighting elements                      
               may also be comprised of different colors (page 1,                     
               column 2, lines 63 to 64) to provide different color                   
               of light intensities.  McComb additionally discloses                   
               circuit means (thermo flashers) to energize the                        
               primary and groups of secondary lighting elements.                     
               [Pages 3 and 4.]                                                       



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