Ex parte LEGGIO - Page 11




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

          is to achieving a waterproof construction by avoiding the need              
          for a stem for winding the watch or setting the time.  See In               
          re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.                
          1984) (reversing rejection because "if the French apparatus                 
          were turned upside down, it would be rendered inoperable for                
          its intended purpose").  Because elements A of claims 10 and                
          19 are not satisfied, the § 103 rejection is reversed as those              
          claims and claims 11-18, which depend on claim 10.  For the                 
          same reasons, element A of claim 1, which is identical to                   
          elements A of claims 10 and 19, is not satisfied, with the                  
          result that the § 103 rejection is also reversed as to claims               
          3, 8, and 9, which depend on claim 1.                                       
          We note in passing that element B of claim 10 ("means for                   
          indicating the approximate time in words") would be satisfied               
          by Beguin as modified to provide an audible indication of the               
          time in words.  Assuming appellant is correct to argue (Brief               
          at 8) that known audible clocks provide indications which are               
          exact to the minute, this argument overlooks the fact that                  
          claim 10 does not require that the time be approximate as to                
          minutes.  As a result, element B reads on Beguin as modified                
          to include the admittedly known audible time-indicating means.              

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