Ex parte SMITH et al. - Page 5




          Appeal No. 1997-2149                                                        
          Application No. 08/019,666                                                  


          eliminate the braking requirement of Reiser."  Although we                  
          agree with appellants that elimination of Reiser's braking                  
          requirement would not have been obvious to the skilled                      
          artisan, as doing so would run contrary to the teachings of                 
          Reiser, the examiner has not suggested eliminating Reiser's                 
          braking requirement.  Instead the examiner explains (Answer,                
          page 5) that since nothing in the claims requires the absence               
          of a braking requirement, the claims do not preclude a                      
          requirement for braking.  Accordingly, Reiser's combined                    
          display and brake light meet the language of appellants'                    
          claims.                                                                     
               Reiser's message is displayed through the rear window to               
          an observer outside the vehicle (thereby meeting the                        
          limitation of claim 5).  In particular, Reiser discloses                    
          (column 1, line 60 - column 2, line 12) a display panel of                  
          light emitting diodes (LEDs) detachably secured to the rear                 
          window of a vehicle on the passenger side via suction cups.                 
          Thus, Reiser discloses the claimed display and the details                  
          thereof, as well as the attachment method recited in claim 2.               
          Appellants argue (Brief, page 4 and Reply Brief, page 3) that               
          Reiser "does not mention the option of mounting of the Reiser               
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