Appeal No. 2005-1226 Page 2
Application No. 10/151,179
clock. The sticker is attached according to a rule that the
standard time city mark comes to the 12 o’clock position. On
the sticker sheet, other city marks are aligned along a
circumference according to their time differences based on
their global geographical location. Each city mark position
on the sticker represents the city’s 12 o’clock location in the
standard time frame. 12 o’clock is chosen as an easily
understandable mark.
The following rejection is before us for review.
Claims 1, 2, 4-11 and 32 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kim1.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the answer
(mailed March 17, 2004) for the examiner's complete reasoning in support of the
rejection and to the brief (filed January 5, 2004) and reply brief (filed May 10, 2004) for
the appellants’ arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants’ specification and claims, to the applied Kim patent, and to the respective
positions articulated by the appellants and the examiner. As a consequence of our
review, we make the determinations which follow.
Each of the appellants’ independent claims 1, 10 and 32 recites, inter alia, a first
symbol representing a first city/country and a second symbol representing a second
1 U.S. Pat. No. 3,763,645, issued October 9, 1973, to Sunyong P. Kim.
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