Ex Parte Shteyn - Page 4

                  Appeal 2007-1568                                                                                         
                  Application 09/900,375                                                                                   
                  U.S.C. § 103(a)?  Particularly, does Hepp’s disclosure of an optoelectronic                              
                  display with a figurative character and a timepiece render unpatentable                                  
                  Appellant’s timepiece with a dial face for graphically representing thereon a                            
                  scheduled activity associated with a particular time?                                                    

                                                FINDINGS OF FACT                                                           
                         The following findings of fact are supported by a preponderance of                                
                  the evidence.                                                                                            
                                                     The Invention                                                         
                  1. Appellant invented a timepiece (100) with a dial face (102), which                                    
                  includes a display monitor (108) that can be programmed to form segments                                 
                  that graphically represent time slots (110, 112, 114, and 116) allocated to                              
                  scheduled activities of a user’s personal calendar.  (Specification 3.)                                  
                  2. The length of each segment designates the duration of the activity                                    
                  while the color of the segment indicates the type of activity.  (Id.)                                    


                                              The Prior Art Relied Upon                                                    
                  3.  Hepp teaches an optoelectronic display (1) for dynamically                                           
                  representing information related to the course of time.  (Col. 4, ll. 51-54.)                            
                  4. As depicted in Figure 1, Hepp’s display device (1) includes the time                                  
                  of day (14), the position of the sun (6), the moon (8), selected stars (7), and                          
                  the horizon (5).  (Col. 5, ll.1-4.)                                                                      
                  5. The display device (1) also includes a timepiece with a computer                                      
                  based clock (2).   (Col. 5, ll. 12-13.)                                                                  




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