Appeal No. 1997-3280 Application No. 08/212,065 The examiner, twice, mislabels the phosphorescent layer as 106 instead of 108 which appears to have led to the misreading of the reference, thereby resulting in the final rejection. It is understandable how the examiner could have misinterpreted the reference numeral due to the poor quality of the text in the copy used by the examiner. However, the official text of Spencer ’783 shows the correct element numbers. Clearly, element 106 of Spencer is discussed as being a smooth light transmittive surface of the retroreflective layer 102. Appellants argue (brief, pg. 5) that Spencer’s invention "does not include a fluorescent film superimposed on or incorporated into the retroreflective member. Further, there is nothing in the reference to suggest such superimposing or incorporating and no secondary reference is cited to provide such a suggestion." We agree with appellants. We do not find that Spencer ’783 discloses an electroluminescent light source with a retroreflective sheet superimposed on the light source and a fluorescent film superimposed on the retroreflective sheet, but merely the retroreflective material superimposed on 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007