Ex parte KOZEK et al. - Page 8




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


          housing disclosed by Duncan as proposed by the examiner.  At                
          best, Shine would have suggested replacing Duncan’s emergency               
          lighting system, which is enclosed within the sign housing,                 
          with a self-contained emergency power supply or module mounted              
          on the exterior of the housing.                                             
               Be this as it may, the combined teachings of Duncan and                
          Shine nonetheless establish a prima facie case of obviousness               
          with respect to the subject matter recited in claim 1, and in               
          claim 9 which depends from claim 1.  In this regard, Duncan’s               
          secondary or emergency lighting system meets all of the                     
          limitations in claim 1 relating to the emergency illumination               
          means.  More specifically, Duncan’s emergency system is mounted             
          within its exit sign housing enclosure and is operationally                 
          connected to the primary illumination system to detect failure              
          thereof and thereafter provide auxiliary illumination.  Duncan’s            
          angle section strip 3 (see Figure 1), lamps 13, battery 6 and               
          secondary lighting system power circuit (see Figure 2)                      
          respectively constitute an emergency power pack housing defining            
          an emergency power pack housing enclosure, at least one low                 
          voltage emergency lamp mounted on the emergency power pack                  
          housing, an emergency electric power supply located within the              
          emergency power pack housing enclosure and an emergency electric            

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007