Ex Parte Balzer et al - Page 12




              Appeal No. 2003-0867                                                              Page 12                
              Application No. 09/688,104                                                                               


              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 appellants' originally filed                
              specification that the invention is particularly directed to reducing vehicle weight while               
              improving vehicle durability.  Junginger teaches that replacing stamped steel with cast                  
              magnesium reduces vehicle weight while improving vehicle durability and thus falls at                    
              least into the latter category of the Wood test, and logically would have commended                      
              itself to an artisan's attention in considering the appellants' problem.  Thus, we                       
              conclude that Junginger is analogous art.                                                                


                     Second, the combined teachings of the references would have suggested to one                      
              of ordinary skill in the art the subject matter of claims 1 and 14 as set forth above.                   
              Accordingly, it is our opinion that there is suggestion and motivation in the teachings of               
              Kanemitsu and Junginger for one skilled in the art to have modified Kanemitsu to arrive                  
              at the claimed invention.                                                                                


                     Lastly, the appellants have argued deficiencies of each reference on an                           
              individual basis, however, it is well settled that nonobviousness cannot be established                  
              by attacking the references individually when the rejection is predicated upon a                         








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