Appeal 2007-1478
Application 10/359,861
elements shines through the transparent portions and illuminates the
indicia (i.e., the light is transmitted through portions of the display).
Col. 4, ll. 38-44.
4) The lighting elements are connected to the vehicle’s lighting circuit
and are operated with the vehicle’s lighting system. Col. 6, ll. 7-10.
5) The backing assembly, item 12, is separate from the housing member,
item 14, which surrounds and frames the illuminable indicia. See
Figs. 2, 4, and 6.
We also find that the record supports the following additional facts by
a preponderance of the evidence:
6) Hemmert teaches an illuminated license plate for automobiles where
the plate is made from opaque and transparent materials. Hemmert
at 1, ll. 59-66. Specifically, the license plate includes a colored glass
plate 9 and a plate 10 of metal or other opaque material having the
license number cut or stenciled therein. Id.
7) Hemmert’s license plate is illuminated from behind (i.e., the indicia
are illuminated by transmittance and not reflectance). Id. at 1,
ll. 81-87.
8) Hemmert’s lighted license plate assembly may be mounted on the rear
or front of a vehicle or different assemblies may be mounted on the
rear and front of a vehicle. Id. at 1, ll. 42-51.
9) According to Appellant, vehicles are required by law to have the rear
license plate illuminated. See Appellant’s “Background of Invention”
"reflective." The term "reflective" is used in claim 3.
6
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