Ex Parte 5564803 et al - Page 6




               Appeal No. 2006-0813                                                                                                  
               Reexamination Control No. 90/006,235                                                                                  
               specifically appellant argues that the computerized nursing cart disclosed by McLaughlin                              
               and the laptop computer are used in very different environments.  Appeal Brief, p. 9.  Thus,                          
               appellant argues that McLaughlin’s and Connor’s teachings can not be combined because                                 
               they are not from the same field of endeavor.                                                                         
                       We disagree.                                                                                                  
                       Two criteria have evolved to aid in determining whether prior art is analogous:  (1)                          
               whether the art is from the same field of endeavor and (2) if the reference is not within the                         
               field of the  inventor's endeavor, whether the reference still is reasonably pertinent to  the                        
               particular problem with which the inventor is involved.  In re Clay, 966 F.2d 656, 658-59, 23                         
               USPQ2d 1058, 1060  (Fed. Cir. 1992); In re Deminski, 796 F.2d 436, 442, 230 USPQ 313,                                 
               315 (Fed. Cir. 1986); In re Wood,  599 F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979).                                

                       McLaughlin teaches a computer controlled medical cart which includes conventional                             
               computer components including  a controller (CPU), memory, display, disk storage and a                                
               keyboard for data entry.  The computer, including the keyboard for data entry, is a                                   
               significant and essential component of McLaughlin’s cart.  Similarly, a computer is a                                 
               significant and essential component of the claimed nursing station.  We find that the                                 
               significance of a computer to McLaughlin’s and appellant’s nursing station reasonably                                 
               places McLaughlin’s computerized nursing station into the computer art.  In other words,                              
               the person ordinarily skilled in computer controlled medical carts would reasonably be                                
               expected to be aware of new developments or improvements in computers and the                                         
               components of computers such as improved displays, keyboards, CPUs, memory and disk                                   
               storage. Thus, Connor is from the same field of endeavor as McLaughlin and the claimed                                
               invention.                                                                                                            
               Even if McLaughlin and Connor are not from the same field of endeavor, Connor is                                      
               still analogous prior art under the second criterion for analogous prior art.  While not                              
               expressly stated in appellant’s specification, we find that the problem implicitly addressed                          
               by the use of a removable keyboard or other data entry device is how to make data entry                               

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