Ex Parte Grant - Page 5


                Appeal 2007-1478                                                                              
                Application 10/359,861                                                                        

                (Answer 7).  Thus, the issues before us are: a) whether the claims are limited                
                to illuminating a reflective license plate; and b) whether Rice teaches                       
                “directly” illuminating the license plate, as recited in the claims.  We note                 
                that Appellant has not provided arguments separately addressing the                           
                limitations of claims 2 and 3.  However, as Appellant is pro se and would                     
                not be expected to be as familiar with the requirements of 37 C.F.R. § 41.37                  
                as a registered patent attorney or agent, we elect not to group claims 2 and 3                
                together under § 41.37(c)(1)(vii) and will address claims 2 and 3 separately.                 

                                           FINDINGS OF FACT                                                   
                      We find that the Examiner has established the following facts based                     
                upon a preponderance of the evidence:                                                         
                   1) Rice teaches an illuminated vehicle display device which can be                         
                      mounted on a front bumper of a vehicle.  Col. 3, ll. 26-30, 52-57;                      
                      col. 5, l. 59 to col. 6, l. 5.  This illuminated display device can be used             
                      “in lieu of a license plate” mounted on the bumper.  Col. 5, ll. 59-67                  
                   2) Rice’s illuminated display consists of two lighting elements 29                         
                      supported by a backing assembly 12.  See Fig. 2.                                        
                   3) The display of Rice includes illuminatable indicia 81, which can                        
                      include numbers and letters formed by non-opaque portions of a                          
                      translucent or transparent display panel 80 of which the non-indicia                    
                      portions are covered with opaque paint 82.  Col. 4, ll. 33-38.  The                     
                      indicia are in front of the lighting elements and the light from the                    
                                                                                                              
                3 By “reflectorized,” we assume Appellant and the Examiner mean                               

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