Ex parte POLING - Page 9




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


          the light groups 2-14 of Fig. 1 may be considered to form “at               
          least one group of secondary lighting elements.  As the                     
          examiner has also noted, McComb additionally teaches that a                 
          translucent face 29 may be provided and discloses that a                    
          plurality of color elements may overlie the groups of                       
          secondary lighting elements (page 1, lines 65 and 66).  Figs.               
          1, 4-6 and 8 clearly depict a housing means for the lighting                
          elements and the translucent face.  McComb additionally                     
          discloses a circuit means which may include thermo flashers                 
          (Fig. 3) or a clock mechanism (page 1, lines 69-77); however,               
          the schematic illustration of the circuitry in Fig. 3 does not              
          depict the circuitry to be contained within the housing.                    
              Accordingly, we find response in McComb for all the                    
          structure set forth in representative claim 1 with the                      
          exception of the limitation that the circuit is housed in the               
          housing.                                                                    
          However, even with respect to this limitation, we observe that              
          artisans must be presumed to know something about the art                   
          apart from what the references disclose (see In re Jacoby, 309              
          F.2d 513, 516, 135 USPQ 317, 319 (CCPA 1962)) and the                       


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