Ex parte LEGGIO - Page 5




                 Appeal No. 1999-0218                                                                                                                   
                 Application 08/691,889                                                                                                                 

                 Pursuant to 37 CFR § 1.196(b), we are hereby rejecting                                                                                 
                 claims 1-19, i.e., all of the appealed claims, under 35 U.S.C.                                                                         
                 § 112, second paragraph, on the ground that the terms                                                                                  
                 "exactly" and "approximate" in the preambular phrase "exactly                                                                          
                 indicating the approximate time" in claims 1, 10, and 19 are                                                                           
                 contradictory and thus render indefinite those claims and                                                                              
                 their dependent claims.  The following discussion of the § 102                                                                         
                 and § 103 rejections presumes that the preambles of claims 1,                                                                          
                 10, and 19 do not include the term "exactly."                                                                                          




                 E.  The merits of the § 102 rejection                                                                                                  
                 Beguin discloses a watch which gives the approximate time                                                                              
                 (col. 1, ll. 21-23) and is also waterproof because it has no                                                                           
                 stem for winding the watch or setting the time (col. 1, ll.                                                                            
                 56-59).  The watch has a single hand 7, which in the                                                                                   
                 embodiment depicted in the figures takes three hours to                                                                                
                 complete one rotation (col. 2, 11. 26-27).   The watch does                2                                                           
                 not have indications representing each minute.  Instead, as                                                                            

                          2Alternatively, the hand can be made to complete one                                                                          
                 rotation in one, two, four, six, or twelve hours (Beguin,                                                                              
                 col. 3, ll. 31-34).                                                                                                                    
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