Appeal No. 2000-0234 Page 7
Application No. 08/730,236
evidenced by his use of an existing flasher 36 [co1.2, line
59]." (Reply Br. at 6.) We also agree that Ayres “flashes
headlights only at regular second speeds. Thus in col. 4,
lines 42 and 43, he indicates that he employs a thermal
flasher switch 44. Thermal flasher switches are notoriously
slow devices (heat travelling [sic] slowly) and operate at
regular second speeds.” (Id.)
Relying on Freeman merely to “teach[] desirability in a
vehicle signaling system of increasing intensity of signal
light SL if fog or rain are detected by fog detector 28 or
precipitation detector 30,” (Examiner’s Answer at 6), and
Eckhardt to “teach[] displaying light condition of exterior
vehicle used in foggy conditions at a dashboard,” (id.), the
examiner fails to allege, let alone show, that the references
cure the defect of the primary, secondary, and tertiary
references. Therefore, we reverse the rejection of
independent claims 6 and 20 and of claims 7-19, which depend
from claim 6.
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