Ex parte HORNEMANN et al. - Page 6




          Appeal No.  1999-1486                                                       
          Application No.  08/670,806                                                 


               Prior art relevant to an obviousness determination                     
          encompasses not only the field of an inventor's endeavor but                
          also any analogous arts.  See Heidelberger Druckmaschinen AG                
          v. Hantscho Commercial Products Inc., 21 F.3d 1068, 1071, 30                
          USPQ2d 1377, 1379 (Fed. Cir. 1994).  The test of whether a                  
          reference is from a nonanalogous art is first, whether it is                
          within the field of the inventor's endeavor, and second, if it              
          is not, whether it is reasonably pertinent to the particular                
          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 is one which because of the               
          matter with which it deals, logically would have commended                  
          itself to an inventor's attention in considering his problem.               
          See In re Clay, 966 F.2d 656, 659,                                          
          23 USPQ2d 1058, 1061 (Fed. Cir. 1992).                                      


               Appellants argue that the Poe reference is non-analogous               
          prior art (revised brief, pages 7 through 10).  We disagree.                



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