Appeal No. 1996-2958
Application No. 08/150,053
While Kishi teaches movable traffic lights for regulating
traffic in a restricted area, the light signal control is
based on fixed timer cycles which synchronize operation of the
lights at both ends of the restricted area. In our view, this
falls well short of the dynamic control of clearance time
based on measured transit times recited in the claims on
appeal. We also note that, notwithstanding the individual
differences between the claimed features and the applied Marcy
and Kishi references, it is our view that no suggestion or
motivation exists in the references for combining or modifying
teachings to establish a prima facie case of obviousness. The
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 n. 14 (Fed. Cir. 1992).
As discussed previously, Marcy discloses the controlling of
traffic flow through an intersection using a single traffic
light based on a dynamically changing calculated parameter
identified as “encumbrance.” Kishi, on the other hand,
synchronizes traffic signals located at ends of a traffic
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