Appeal No. 95-2880
Application 08/091,294
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. See 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. See In re Clay, 966 F.2d 656, 659,
23 USPQ2d 1058, 1061 (Fed. Cir. 1992). In our view, both
Yoshioka and Schneider are dispensers in which material issues
from a nozzle or spout, and therefore they are within the field
of the appellant's endeavors. Moreover, each is directed to a
dispenser in which the spout is rotatably attached, and therefore
in our opinion they are pertinent to the problem the appellant is
attempting to solve, which is to provide a sealing, rotatable
snap-in mount (specification, page 2, lines 8 through 10).
SUMMARY:
The rejection of claims 1, 2 and 8 as being unpatentable
over Colin in view of Yu and Yoshioka is sustained.
The rejection of claims 1, 2 and 8 as being unpatentable
over Colin in view of Yu and Schneider is sustained.
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