Ex parte SIMMONS - Page 5




          Appeal No. 97-2456                                                          
          Application 08/424,064                                                      


                    . . .  Therefore, an attendant need only recognize                
               the reference character associated with a given group                  
               and one of the several colored increments associated                   
               with that group to record a specific elevation [column                 
               3, lines 9 through 44].                                                
               There are two criteria for determining whether art is                  
          analogous: (1) whether the art is from the field of the                     
          inventor’s endeavor, regardless of the problem addressed, and (2)           
          if the reference is not within the field of the inventor’s                  
          endeavor, whether the reference is reasonably pertinent to the              
          particular problem which the inventor was involved.  In re Clay,            
          supra.  In the present case, the field of the appellant’s                   
          endeavor is measuring devices and the particular problem with               
          which the appellant was involved was to facilitate the                      
          measurement of fractional lengths with a minimum of errors and              
          loss of time (see the passage from the appellant’s specification            
          reproduced above).  Glaese’s jump measuring system clearly falls            
          within this field of endeavor and is reasonably pertinent to this           
          particular problem.  Thus, the Glaese reference constitutes                 
          analogous art which was properly considered by the examiner in              
          evaluating the obviousness of the appellant’s invention.                    
               Jones, the examiner’s primary reference, pertains to “the              
          provision of rules that minimize or eliminate the tendency of               
          users to make inaccurate measurements when making measurements              

                                          -5-                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007