Ex parte ENGLANDER - Page 13




          Appeal No. 1999-2094                                      Page 13           
          Application No. 08/517,198                                                  


          one engagement member as recited in claim 14 (see Mottino's                 
          straps 20 and 21).                                                          


               Lastly, the appellant argues that Vanzant and Will are                 
          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).  In the present                 
          instance, we are informed by the appellant's originally filed               
          specification (p. 2) that the invention has for its object a                
          carrier being designed in such a manner as to obviate the                   
          shortcomings inherent in the prior art and permit a simple and              
          convenient loading and unloading.  In our view, both Vanzant                
          and Will teach that their resilient means (i.e., gas cylinder               
          52 of Vanzant and springs 32 of Will) permit a simple and                   







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