Ex parte MCCARTHY et al. - Page 12




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



          different field of endeavor, it logically would have commended              
          itself to an inventor's attention in considering his problem                
          because of the matter with which it deals.  See In re Clay,                 
          966 F.2d 656, 659, 23 USPQ2d 1058, 1061 (Fed. Cir. 1992).                   
          Brock is directed to a flame resistant blanket which, in                    
          common with the appellants’ air mattress, comprises a                       
          plurality of layers of plastic defining a core in which there               




          are a plurality of cell portions containing a gas such as air               
          (column 3, lines 4-15).  As such, it is our view that Brock                 
          would have commended itself to the attention of one working                 
          with air mattresses, in that there is a commonality of                      
          construction and the problems associated therewith, such as                 
          flexibility and seam integrity.  It therefore is our opinion                
          that Brock qualifies as analogous art under the second portion              
          of the Wood test.                                                           
                    Finally, the claims are directed to an inflatable                 
          air mattress “for use in a foam support frame,” but the frame               
          is not claimed.  Arguments based upon the failure of the                    

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