Ex parte ALLES - Page 8




          Appeal No. 1996-1561                                       Page 8           
          Application No. 08/230,075                                                  


          different system for insuring that sufficient water is supplied             
          to the bowl for refill after flushing does not alter the fact               
          that it discloses a restriction member at the end of the                    
          flexible refill tube which meets the terms of claim 1, except               
          for the manner in which it is attached.                                     
               We also disagree with the appellant that Baird is                      
          nonanalogous art (Brief, pages 6-7).  The test for analogous                
          art 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).  Baird is not directed to a water closet.  However, it               
          is concerned with the  problem of attaching a rigid flow-                   
          through member to the end of a flexible hose and thus, from our             
          perspective, it logically would have commended itself to an                 








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