Ex parte KOZEK et al. - Page 6




          Appeal No. 95-4678                                                          
          Application 08/097,572                                                      


               capacitive or inductive reactor.  An alternative source                
               of current is provided by the battery 6, selection of                  
               the transformer or battery circuit being effected by a                 
               two-way switch 15 actuated by the armature 16 of relay                 
               10 [page 1, line 77 through page 2, line 27].                          
               According to the examiner, the Duncan reference does not               
          meet the limitations in independent claims 1 and 20 noted above             
          because Duncan “does not disclose making the power pack housing             
          in the form of an enclosure or the use of attachment means to               
          secure the sign to a support structure” (main answer, page 4).              
               Shine discloses an illuminated exit sign assembly comprising           
          a main housing 20, a self-contained auxiliary power supply 22               
          removably mountable to the top of the housing, and means on the             
          housing for attaching it to an electrical junction box (see                 
          column 4, line 64 through column 5, line 24).                               
               In explaining the appealed rejection, the examiner states              
          that                                                                        
               [i]n view of the teachings of Shine it would have been                 
               obvious to one in the art to modify [Duncan] by placing                
               an attachment means on the exit sign since this would                  
               allow the sign to be attached to a support structure.                  
               In view of the teachings of Shine it would have been                   
               obvious to one in the art to modify [Duncan] by making                 
               the power pack housing in the form of an enclosure                     
               since this would allow the power pack housing to be                    
               easily attached and removed from the sign housing to                   
               allow easy access to the components inside the power                   
               pack housing [main answer, page 4].                                    



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