Ex parte OLSEN - Page 4




                 Appeal No. 1999-1044                                                                                                                   
                 Application No. 08/778,392                                                                                                             


                 1016, 173 USPQ 560, 562                                                                                                                
                 (CCPA 1972).                                                                                                                           
                          The rejection of claims 1, 12 and 14 is based on the                                                                          
                 examiner's determination (answer, p. 3) that Neuendorf "shows                                                                          
                 the basic structure of the claimed sign holder . . . , but                                                                             
                 does not show sign portion 17 to comprise a hollow housing."                                                                           
                          With regard to this difference, the examiner determined                                                                       
                 (answer, p. 4) that it would have been obvious to one skilled                                                                          
                 in the art to have substituted Schmanski's housing for the                                                                             
                 sign 17 of Neuendorf in order to facilitate sign changing as                                                                           
                 taught by Schmanski.1                                                                                                                  
                          The appellant argues that the prior art as applied does                                                                       
                 not arrive at the claimed invention.  Specifically, the                                                                                
                 appellant argues (brief, pp. 3-6) that neither Schmanski nor                                                                           
                 Neuendorf teaches or suggests a hollow sign housing having an                                                                          
                 open end for sign insertion when the sign is fully assembled                                                                           
                 and ready for use or a rotatable sign support as required by                                                                           
                 independent claim 1.                                                                                                                   


                          1The specific teachings of Neuendorf and Schmanski relied                                                                     
                 upon by the examiner are set forth on pages 3 and 4 of the                                                                             
                 answer.                                                                                                                                
                                                                           4                                                                            





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