Appeal No. 1997-2474 Page 8 Application No. 08/125,590 First, they argue that McMillan is non-analogous art. (Appeal Br. at 6-9.) The examiner replies, “appellant's argument ... appears to be contradicted to [sic] what the appellant claims in the present invention, in which both DCT and IDCT have almost the same and/or similar limitations.” (Examiner’s Answer at 8.) We agree with the examiner. Art is analogous if a reference either is within the field of an inventor's endeavor or is reasonably pertinent to the particular problem with which the inventor was involved. In re Oetiker, 977 F.2d 1443, 1447, 24 USPQ2d 1443, 1445 (Fed. Cir. 1992); In re Clay, 966 F.2d 656, 658-59, 23 USPQ2d 1058, 1060 (Fed. Cir. 1992). Here, the appellants state that their invention “relates generally to the field of digital image processing systems ....” (Spec. at 2.) McMillan, in turn, “relates to the field of digital image processing systems ....” Col. 1, ll. 10-11. The appellants admit “that both McMillan, Jr. et al. and the present invention are directed to image processing systems,” (Appeal Br. at 5), and “both McMillan, Jr. et al. and thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007