Ex parte SUNDBERG et al. - Page 5




          Appeal No. 97-3030                                                          
          Application No. 08/254,181                                                  


          heater that has heaters and conductors printed on a porcelain               
          enameled metal substrate" and that it would have been obvious               
          "to adapt Pons Pons with a porcelain enamel substrate heater                
          taught in Yamamoto and put a fragrance block adjacent to the                
          heater for improved heat transfer as in Napierski."                         
               Appellants argue that Yamamoto is not properly combinable              
          with Pons Pons because Yamamoto is not directed to heated air               
          fresheners and therefore constitutes nonanalogous art.  The                 
          examiner cites the correct test for analogous art, i.e.,                    
          whether the reference is within applicant’s field of endeavor               
          and, if not, whether the reference is reasonably pertinent to               
          the particular problem with which the inventor was concerned.               
          The examiner then concludes that Yamamoto is in the same field              
          of endeavor "which is in the field of electrical devices."                  
               While we agree with the examiner that Yamamoto                         
          constitutes analogous art, we do not agree with the examiner’s              
          assessment that it is within appellants’ field of endeavor                  
          because it is in the field of "electrical devices."  That is                
          such a broad "field of endeavor" that the skilled artisan                   
          would not be expected to have knowledge of or be familiar with              
          every electrical device.  However, Pons Pons clearly discloses              
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