Appeal No. 1997-3280
Application No. 08/212,065
a electroluminescent light source, as shown in both Figures 2
and 5 of Spencer ’783. Likewise, Spencer ’457 provides no
teaching or suggestion of a composite structure of the
specific construction required in appellants’ claim 11 on
appeal.
Therefore, the examiner’s rejections of appellants’ claim
11 will not be sustained. It follows that the examiner’s
rejection of claims 7 and 8 which depend from claim 11, will
also not be sustained.
Appellants provide separate arguments (brief, pp. 8-9)
with respect to independent claim 10, stating that fluorescent
material incorporated into the retroreflective material and
superimposed on an electroluminescent light source is not
taught by the applied Spencer patents. We agree with
appellants that the examiner’s rejection has failed to
established a prima facie case of obviousness with respect to
claim 10 since the Spencer patents do not disclose or suggest
a fluorescent, retroreflective film, superimposed on a light
source.
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