Appeal No. 1999-2290 Page 6
Application No. 08/763,955
and/or evidence. Obviousness is then determined on the basis
of the evidence as a whole. See id.; In re Hedges, 783 F.2d
1038, 1039, 228 USPQ 685, 686 (Fed. Cir. 1986); In re
Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir.
1984); and In re Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143,
147 (CCPA 1976).
The examiner's position (answer, pages 3 and 4) is that 2
Kamiyama:
teaches all features claimed except for using a disc
in lieu of hands. The use of disc in lieu of hands
is well known in the art and in fact two subclasses
are dedicated to these. Thus [i]t would have been
obvious to adapt KAMIYAMA ET AL to include discs in
lieu of hands in order to take advantage of this
technology. Further to add "second disk" i.e. a
disk with hand painted on it which displays seconds,
to the disks of Kamiyama as modified above would be
obvious. Thus each second disk would rotate as claimed.
Appellant asserts (brief, page 6) that Kamiyama lacks
more than just using a disc in lieu of hands. Kamiyama
2 The pages of the examiner's answer are unnumbered. We have numbered
the pages starting with one representing the cover page.
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