Ex parte MILLER - Page 8




          Appeal No. 98-1451                                         Page 8           
          Application No. 08/529,187                                                  


               In addition, we find that Egigian is non-analogous art.                
          The test for non-analogous art 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.  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 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.  In re Clay, 966 F.2d 656, 659, 23              
          USPQ2d 1058, 1061 (Fed. Cir. 1992).  First, we agree with the               
          appellant (brief, p. 8) that Egigian is  clearly not within                 
          the field of the inventor's endeavor, i.e., armature assembly               
          support pallets.  Second, we agree with the appellant (brief,               
          pp. 8-10) that Egigian is not reasonably pertinent to the                   
          problem with which the inventor was involved, i.e., the need                
          to maintain an armature assembly carried by a support pallet                
          in a uniform axial position while on the support pallet.                    
          Thus, we conclude that Egigian is non-analogous art.                        










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007