Appeal No. 96-0871
Serial No. 08/177,858
Abileah nor Farrell teach or suggest Appellants' unique
lighting element spacing that ensures uniform and non-
saturating lighting during nighttime activities. Appellant's
independent claim 1 sets forth "two spaced apart light
emitting members each having an inner diameter defining an
inner periphery and an outer diameter defining an outer
periphery thereof, wherein said gap is defined as the distance
between said inner peripheries of said two spaced apart light
emitting members, said gap being of substantially the same
width as each of said inner diameters of said spaced apart
light emitting members." Appellant argues that nowhere is it
taught or suggested to modify Abileah to space the light
emitting members of the first or daytime source a distance T
apart where gap T is substantially equal to the inner diameter
distance of each of the first source light emitting members.
The Federal Circuit states that "[t]he mere fact that the
prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification." In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
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