Ex parte OGDEN et al. - Page 6




          Appeal No. 2000-0053                                                        
          Application 08/829,863                                                      


          appellants.  Thus, as with the processes of Sydansk and Clay,               
          the process of Sydansk is not reasonably pertinent to the                   
          problem addressed by the appellants.                                        
               Because of the similarity of the distinction between the               
          fields of endeavor and problems addressed by Sydansk and Clay,              
          and those of Sydansk and the appellants, and because Clay is                
          binding precedent for the board, we hold that the process of                
          Sydansk is nonanalogous art with respect to the appellants’                 
          claimed process.  Also, because Smith’s field of endeavor and               
          problem addressed are the same as those of Sydansk, we                      
          likewise hold that the process of Smith is nonanalogous art                 
          with respect to the appellants’ claimed process.                            
               The examiner appears to argue that Sydansk is analogous                
          art because Clay is analogous art and Sydansk uses basically                
          the same gelation solution as Clay (answer, pages 5-6).  This               
          similarity alone is not sufficient put Sydansk’s process in                 
          the appellants’ field of endeavor or to render Sydansk                      
          reasonably pertinent to the problem addressed by the                        
          appellants.                                                                 
               For the above reasons we find that the examiner has not                
          set forth a factual basis which is sufficient for establishing              
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