Appeal No. 2000-0820 Page 4 Application No. 08/978,625 [applied] prior art” (brief, page 6). Two criteria have evolved for determining whether prior art is analogous: (1) whether the art is from the same field of endeavor, regardless of the problem addressed, and (2) if the reference is not within the field of the inventor's endeavor, whether the reference still is reasonably pertinent to the particular problem with which the inventor is involved. In re Clay, 966 F.2d 656, 658-59, 23 USPQ2d 1058, 1060 (Fed. Cir. 1992). See also In re Deminski, 796 F.2d 436, 442, 230 USPQ 313, 315 (Fed. Cir. 1986); In re Wood, 599 F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979). With respect to the first criteria, all of the references used in the rejection under 35 U.S.C. 103 are from the wrench art, i.e., a ratchet wrench with extender and socket (White), a socket (Quinn), a driver (Coviello) and an extender (DeVrou). Thus, we agree with the examiner that all of the prior art used in the rejection are from the same field of endeavor as involved in the present application and are properly useable together. Moreover, even if the references were not considered to be from the same field of endeavor, all of the references are directed to utilizing a non-slip gripping surface on wrench tools, whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007