Appeal No. 2003-1825 Page 7
Application No. 09/672,492
considering the inventor’s problem. See In re Clay, 966 F.2d
656, 659, 23 USPQ2d 1058, 1061 (Fed. Cir. 1992). Here, we
determine that each of Brookhyser and Martel is directed to
couplings for use in combination with firearms for attaching
auxiliary equipment thereto. Consequently, we determine that
those references represent analogous art.
In addition, we find that there would have been ample
motivation for one of ordinary skill in the art to employ metal
as the material of construction of the coupling device of
Brookhyser based on the teachings of Martel with respect to
employing aluminum or steel in constructing a ring clamping
device for a firearm scope. See column 5, lines 20-25 of Martel.
As noted by Martel, one of ordinary skill in the art would be
motivated to employ a rugged mounting system for mounting devices
to a firearm. See column 2, lines 26-33 of Martel.
It follows that we shall sustain the examiner’s § 103(a)
rejection on this record.
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