Appeal No. 95-4589 Application 08/042,888 Page 4 of the answer then states that it would have been obvious to (1) arrange the circuit of McComb “to provide a clockwise and counterclockwise illuminated rotating sequence”5 as shown by Forrest and (2) enclose the circuit means of McComb within the housing in view of the teachings of Swanson. The appellant does not identify any specific errors with respect to the above-noted findings by the examiner as to the content of McComb. Instead, the appellant merely broadly asserts that it is not even clear that there is a central lighting element and the secondary lighting elements do not appear to include the kinds of color sequencing and safety features present in applicant’s device. McComb merely shows an illuminating device having areas of color overlays and with the flashing of various lights to make an attractive sign. This is quite different from applicant’s safety light as present in the claims. [Brief, pages 3 and 4.] We are unpersuaded by the appellant’s arguments. As the examiner has noted with respect to McComb, the central lighting element 15 is continuously illuminated and may be considered to be “at least one primary lighting element” and 5We observe, however, that there is no limitation in representative claim 1 which requires such a sequence. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007