Ex parte WEISS - Page 8




          Appeal No. 1997-1117                                                        
          Application No. 08/300,703                                                  


          (Brief, page 6).  We do not agree.  The test for non-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.              
          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.  In re Clay, 966 F.2d 656, 659, 23 USPQ2d 1058, 1061                 
          (Fed. Cir. 1992).  As pointed out by the Examiner (Answer,                  
          pages 8 and 9), all of the applied prior art references in the              
          present instance are concerned with the security of enclosures              
          or containers and/or the opening and closing of same.  In our               
          view, the skilled artisan would logically have consulted the                
          teachings of all of the prior art references considering                    
          Appellant’s concern with inhibiting unauthorized access to                  
          protected devices.                                                          
               In view of the above discussion, it is our view that                   




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