Appeal No. 97-4083
Application 08/422,933
overcome by the amendment filed subsequent to final rejection (see page 5 in the main
brief). As indicated above, however, this amendment has not been entered. In this light,
we shall sustain the standing 35 U.S.C. § 112, second paragraph, rejection of claim 9.
We shall not sustain, however, any of the standing 35 U.S.C. § 103 rejections of
claims 1, 7 through 10 and 16 through 23.
Bianchi, the examiner’s primary reference, discloses a simulated neon sign. The
sign includes hollow plastic tubing 10 formed, for example, in the shape of the letters
“EAT,” an opaque plastic backing sheet 11 having clear areas 12 co-extensive with the
tubing, a light diffuser 14, a pair of fluorescent tubes 16 and a housing 18, these elements
being arranged and assembled as illustrated in Figures 2 and 3a. As conceded by the
examiner, Bianchi’s sign does not meet the limitations in independent claims 1 and 21
relating to the transparent means or the limitations in independent claims 1, 16 and 23
relating to the frame/frame means.
Lawrence discloses a display device for illuminated transparencies. The device
includes a casing 1, portions 4, 5, 6 and 7 on the front of the casing giving the effect of a
picture or mirror frame, feet 15 for supporting the casing on an underlying surface, a clear
plate 16 closing the front of the casing, an opaque plate 17 having an opening therein
disposed immediately behind the clear plate, a photographic or ornamental
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