Appeal 2007-1478
Application 10/359,861
front of a vehicle will illuminate the front plate just as it would the rear plate
to solve a known problem, which is the difficulty of seeing a front license
plate in the dark. Thus, we hold that the subject matter of claim 3, at least as
we understand it, would have been obvious in view of the lighted license
plate assembly of the 2/1974 through 1984 Toyota Land Cruisers in view of
the known problem of lighting front license plates shown by Rice and
Hemmert.
CONCLUSION
Appellant has sustained his burden of showing that the Examiner
erred in rejecting claim 2 and 3.
In accordance with 37 C.F.R. § 41.50(b) (2006), and for the reasons
given, we reject claims 2 and 3 as being unpatentable under 35 U.S.C.
§ 103(a) over the prior art cited.
ORDER
The decision of the Examiner is reversed.
This decision contains a new ground of rejection pursuant to
37 C.F.R. § 41.50(b) (2006).
37 CFR § 41.50(b) provides "[a] new ground of rejection pursuant to
this paragraph shall not be considered final for judicial review."
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