Ex parte WALKER - Page 6

          Appeal No. 1999-1042                                       Page 6           
          Application No. 08/781,220                                                  

          ordinary skill in the art to make the columns of Russo or                   
          Schwartz of five sides, in view of the showing of Kroon,                    
          suggestion being found in the ability to service more patients.             
          The examiner further concludes that it would have been an                   
          obvious expedient to one of ordinary skill in the art to                    
          install gas outlets on all of the sides to establish                        
          accessability to a plurality of patients and to place the                   
          outlets at equal heights within the specified range.  The                   
          claimed width relationship between the panels and the gas                   
          outlet assemblies is, in the examiner’s view, met by the                    
          modified Russo and Schwartz devices.                                        
               A threshold argument raised by the appellant is that Kroon             
          is not analogous art, and therefore cannot properly be combined             
          with either of the two primary references.  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             

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