Appeal No. 1999-0478 Page 7
Application No. 08/534,106
attention in considering his problem.... If a reference
disclosure has the same purpose as the claimed invention, the
reference relates to the same problem, and that fact supports
use of that reference in an obviousness rejection." Clay, 966
F.2d at 659, 23 USPQ2d at 1061.
Regarding the first criterion, the appellant's invention
is in the field of providing entertainment. Specifically, his
“invention is designed primarily for use when showing movies
....” (Appeal Br. at 3.) Edwards also provides
entertainment. Specifically, the reference’s invention
“provid[es] periodic subscription television services.” Col.
4, ll. 1-2. Because both the appellant’s and Edwards’
inventions are from the field of providing entertainment, the
reference is within the field of the inventors’ endeavor.
Regarding the second criterion, the appellant is involved
with supplying selected programming only to paying customers.
Specifically, “[t]his audio signal supplying device has a fee
channel and an ordinary non-fee channel. The fee channel
furnishes a special program to the passenger subject to
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