Ex Parte MORRISON et al - Page 5



                    Appeal No. 2002-0487                                                                                                                                  
                    Application No. 09/377,371                                                                                                                            

                    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.  Id.                                                                                      
                    citing 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).                                                                                                                                          
                              A reference is reasonably pertinent if, even though it                                                                                      
                              may be in a different field from that of the inventor's                                                                                     
                              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.                                                                                      
                              Thus, the purposes of both the invention and the prior                                                                                      
                              art are important in determining whether the reference                                                                                      
                              is reasonably pertinent to the problem the invention                                                                                        
                              attempts to solve.  If a reference disclosure has the                                                                                       
                              same purpose as the claimed invention, the reference                                                                                        
                              relates to the same problem, and that fact supports use                                                                                     
                              of that reference in an obviousness rejection.  An                                                                                          
                              inventor may well have been motivated to consider the                                                                                       
                              reference when making his invention.  If it is directed                                                                                     
                              to a different purpose, the inventor would accordingly                                                                                      
                              have had less motivation or occasion to consider it.                                                                                        
                              Clay, 966 F.2d at 659, 23 USPQ2d at 1061.                                                                                                   
                              We acknowledge that Dickerson's field of endeavor is                                                                                        
                    attaching a motor vehicle to a truck bed for transport, while                                                                                         
                    appellants' field of endeavor is fastening devices temporarily to                                                                                     
                    a vehicles tires.  However, we are of the view that Dickerson,                                                                                        
                    which uses a vehicle's tires to fasten the vehicle temporarily to                                                                                     
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