Appeal No. 2002-2217
Application 09/549,016
atoms contained in the phenol-aromatic amine-aldehyde
condensation product. (The reactive hydrogens are the phenolic
hydroxyl hydrogens and the aromatic amino hydrogens.)” (col. 6,
lines 4-10). In the examples, molecular weights of the resin,
before reaction with the alkylene oxide, include values above 250
(up to 551) (tables I and III).
Cox, therefore, would have fairly suggested, to one of
ordinary skill in the art, a resin falling within the scope of
the appellants’ claim 1.
The appellants argue that Cox is nonanalogous art because
the resin is for use in making polyurethane foams, whereas the
appellants’ resin is to be used as a crude oil emulsion breaker
(brief, pages 4-6). The test of whether a reference is from an
analogous 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). The field of endeavor of the claimed
invention is, broadly, resins, which the field to which Cox is
directed.
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