Appeal No. 2001-1939 Page 6
Application No. 09/072,605
Moreover, the artisan is presumed to have skill, rather than the lack thereof,3 and
once having been taught by Frantzen that the surfaces of a surgical stent can be
polished by subjecting it to abrasive media at a pressure above atmospheric pressure,
could be expected to determine whether a particular level of pressure would be
applicable to a particular workpiece, be it more or less delicate. It is our view that the
pressure utilized to impact the abrasive against the stent in the Frantzen method recited
in claim 5 thus would have been considered by one of ordinary skill in the art to be a
result-effective variable, in that it would have more or less effect upon the surface
thereof and could inflict damage thereon, and optimization of a variable recognized in
the art as a result-effective variable normally is considered to be within the skill of the
art. In re Antonie, 559 F.2d 618, 62, 195 USPQ 6, 8 (CCPA 1977).
We do not agree with the appellant that Suzuki constitutes nonanalogous art.
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 his problem because of the matter with which it deals. See In
re Clay, 966 F.2d 656, 659, 23 USPQ2d 1058, 1061 (Fed. Cir. 1992). It is our view
3In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007