Appeal No. 1998-0234
Application No. 08,406,752
purpose of attracting attention, but without any guidance or
suggestion in the applied references as to the particular
forms of lighted deflectable sign displays covered by the
claimed invention or how to achieve them. In that regard, we
do not agree with the examiner's assertion (answer, page 8)
that the mere fact that illumination on signs is well known in
the art makes it within the skill of one skilled in the art to
place illumination on any type of sign. Nor do we find that
the examiner has in any way established that the reason there
are no patents showing deflectable signs having illumination
is that the idea of attaching lights on deflectable signs is
obvious.
Lacking any credible teachings in the applied prior art
itself which would appear to have fairly suggested the claimed
subject matter as a whole to a person of ordinary skill in the
art, or any viable line of reasoning as to why such artisan
would have otherwise found the claimed subject matter to have
been obvious in light of the teachings of the applied Boggess
and Kornelson patents, we must refuse to sustain the
examiner's rejection of claims 1 through 3, 6, 8, 9, 12
8
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