Appeal No. 1999-0218
Application 08/691,889
Element B of claim 19 ("means for visually indicating the
approximate time in words") also would read on Beguin thus
modified, because the digital display would use numbers, which
are used in conversation to state the time.
Although, as already noted, none of the appealed claims
call for the timepiece to use "about" or a similar term to
give a time indication that is only approximate to the minute,
we will address the examiner's contention that it would have
been obvious to use the audible or digital display to indicate
the time in such terms. This argument is unconvincing because
it is not supported by any evidence or analysis demonstrating
that one skilled in the art would have been motivated to
produce a timepiece which, for at least some times, uses
"about" or a similar term to indicate the time only
approximately as to the minute. See Pro-Mold & Tool Co. v.
Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d
1626, 1630 (Fed. Cir. 1996):
If the invention is different from what is
disclosed in one reference, but the
differences are such that combination with
another reference would lead to what is
claimed, the obviousness question then
requires inquiry into whether there is
reason, suggestion, or motivation to make
that combination.
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