Appeal No. 1997-2149
Application No. 08/019,666
claims from the specification." In re Van Geuns, 988 F.2d
1181, 1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993) (citing In
re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir.
1989)). Thus, the first step in any patentability analysis is
to determine exactly what is claimed. Here, claim 1
requires (1) a light emitting diode display which attaches to
a rear, front, or side window of a vehicle and can be seen
through the window, (2) a computer with a keyboard for
controlling the display, and (3) a DC to AC converter that
either inserts into the vehicle's cigarette lighter or is
wired directly to the battery of the vehicle. Claim 2 adds
that an individual can send a message to the display by typing
it into the computer keyboard and that the display is attached
to the window via suction cups or an attachment mechanism.
Claim 5 adds the benefit of an individual's not having to exit
the vehicle to communicate to an observer.
Reiser is directed to a combined message display and
brake light. Appellants argue (Brief, page 4 and Reply Brief,
page 2) that their claims do not require braking and (Brief,
page 5) that the examiner "uses hind-sight reconstruction to
suggest that one having ordinary skill in the art would
4
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