Ex parte POLING - Page 8




                 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.                                                                                 
                                                                           8                                                                            





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