Appeal No. 1998-1695
Application No. 08/421,309
of a three-dimensional coordinate-system on the basis of the positions of the definite two
points in each of the stationary circular images.” Appellants argue that neither reference
teaches or suggests the measurement and use of definite two points in both images to
calculate the rotation quantity of the spherical object. (See brief at page 6.) We agree with
appellants. The examiner maintains that Nishiyama measures various points to find the
center of the object and these points can be used to determine the rotation. (See answer
at page 4.) We disagree with the examiner. Nishiyama teaches only the determination of
velocity and does not teach or suggest determination of rotation. The examiner relies upon
Kobayashi to teach determination of rotation. Kobayashi teaches the determination of
rotation by a different method than appellants, as admitted by the examiner at page 5 of
the answer, but the examiner maintains that it would have been conventional and a routine
design choice to measure rotation of a flying object. The examiner maintains that “a
person with a little knowledge of geometry and physics can easily obtain the rotational
quantity.” (See answer at pages 4-5.) Here, we disagree with the examiner and find that
the examiner has not provided support for his position on the obviousness of the claimed
invention. While, we agree with the examiner that basic geometry and physics would have
been known to the skilled artisan, the examiner has not provided a convincing line of
reasoning why it would have been obvious to one of ordinary skill in the art at the time of
the invention to desire the rotation quantity of a spherical object and to calculate it based
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