Ex parte YAEGER et al. - Page 6




          Appeal No. 97-1647                                         Page 6           
          Application No. 08/321,255                                                  


          “one skilled in the art faced with the problems associated                  
          with prior art techniques of adjusting the fly height of a                  
          slider carried by a spring loaded flexure arm would not look                
          to the rotary head tape head art (i.e., to the Murata et al.                
          reference) for a solution.”  (Appeal Br. at 10.)  In short,                 
          the appellants allege  that Murata is not analogous art.                    


               We find that the reference is analogous art.  Art is                   
          analogous if a reference either is within the field of an                   
          inventor's endeavor or is reasonably pertinent to the                       
          particular problem with which the inventor was involved.  In                
          re Oetiker, 977 F.2d 1443, 1447, 24 USPQ2d 1443, 1445 (Fed.                 
          Cir. 1992); In re Clay, 966 F.2d 656, 658-59, 23 USPQ2d 1058,               
          1060 (Fed. Cir. 1992).  Furthermore, a reference is reasonably              
          pertinent if, because of the matter with which it deals, it                 
          logically would have commended itself to the inventor's                     
          attention in considering his problem.  If the reference’s                   
          disclosure has the same purpose as the claimed invention, the               
          reference relates to the same problem, and that fact supports               
          use of that reference in a rejection.  An inventor may have                 
          been motivated to consider the reference when making his                    







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