Appeal No. 1999-0941 Page 2
Application No. 08/756,424
dependent upon a rejected base claim. No other claims remain pending in this application. We2
AFFIRM.
BACKGROUND
Appellants' invention relates to a raised pavement marker comprising a generally hollow shell, a
base plate, a plurality of ribs extending between the base plate and the shell and a retroreflective lens
positioned on the shell. According to appellants, it is essential that the pavement marker have an
apparent flexural modulus greater than about 80,000 psi.
The prior art references of record relied upon by the examiner in rejecting the appealed claims
are:
Taylor-Myers 3,427,933 Feb. 18, 1969
May 4,875,798 Oct. 24, 1989
Steere et al. (Steere) 5,340,231 Aug. 23, 1994
Webb 1,028,832 May 11, 1966
(British patent specification)
Appellants' admitted prior art (AAPA) on page 18 of the specification and the TABLE accompanying
the specification.
The following rejections are before us for review.
Claims 54, 63, 68 and 69 were canceled pursuant to entered Paper No. 31 after the final rejection. The2
amendment after final rejection filed July 31, 1998 (Paper No. 28) has not been entered.
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