Ex parte MCCARTHY et al. - Page 11




          Appeal No. 97-3289                                                          
          Application 08/550,895                                                      



          reasoning, but so long as it takes into account only knowledge              
          which was within the                                                        
          level of ordinary skill at the time the claimed invention was               




          made, and does not include knowledge gleaned only from the                  
          applicant's disclosure, such a reconstruction is proper.  See               
          In re McLaughlin, 443 F.2d 1392, 1395, 170 USPQ 209, 212 (CCPA              
          1971).  We believe that to be the case here, as we have                     
          explained above.                                                            
                    The appellants also have argued that Brock is not                 
          analogous art because “construction blankets are not related                
          and not analogous to the use of air beds in foam support                    
          frames” (Brief, page 8).  However, the test for analogous art,              
          which the appellants have not directly addressed, is first                  
          whether the art is within the field of the inventor's endeavor              
          and, if not, whether it is reasonably pertinent to the problem              
          with which the inventor was involved.  See In re Wood, 599                  
          F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979).  A reference                
          is reasonably pertinent if, even though it may be in a                      

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