Appeal No. 2002-1798
Application 09/238,804
Thus, Carey teaches using different colors to indicate speeds
above and below the speed limit, albeit not of the indicator
digits themselves. It is not known why the examiner did not rely
on Carey. Second, Strickland describes Clegg, U.S. Patent
3,054,087, in the background of the invention, as a traffic
warning system where Figs. 2A and 2B "have indicia that light up
when the predetermined speed is exceeded" (col. 2, lines 10-11).
Thus, Strickland teaches providing a visual indication when a
speed limit is exceeded, which provides motivation for providing
specific visual indications. The examiner did not mention or
rely on this part of Strickland in the rejection. Third, Clegg
teaches that the speeding light indicator can be steady state or
flashing (col. 2, lines 24-25) and that the word "Exceeding" in a
different color than the rest of the sign can be illuminated to
indicate speeding (col. 3, lines 8-43). Thus, Clegg teaches a
flashing light to indicate speeding. The addition of Carey and
Clegg to the rejection would strengthen the rejection and
simplify the arguments. It also seems that Carey is a much
better reference than McClellan.
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