Appeal No.97-2716
Application 08/261,772
Apparently, the sign display portion is “preferably flexible” so
that it can be rolled up and stored inside the hollow mast (see
column 6, lines 62-68). Although it is also stated that the
material “may, of course, be rigid” (see column 8, line 18), it
is not altogether clear whether this statement refers to both an
open weave material and a perforated material and, in any event,
the claims on appeal require that the open weave material be
“substantially pliable.” The open weave material of Latimer
provides air passages in order to minimize wind loads (see column
8, lines 20-25).
In our view, there is nothing in the combined teachings of
these two references which would fairly suggest making the
traffic direction marker or indicator of Adams of a substantially
pliable open weave material in view of the teachings of Latimer.
This is especially the case since Latimer’s materials are “light
in weight” and there is nothing to indicate that the flexible
open weave material of Latimer would (a) provide durability and
resist movement when vehicular traffic passes over it and (b)
resist twisting and folding movements when subjected to the
forces of the wind in the manner Adams indicates is necessary to
provide an effective traffic marker when it is laid flat on a
roadway. In this latter regard, it should be noted that the
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