Appeal No. 2003-0867 Page 11
Application No. 09/688,104
Kanemitsu's support member 26 alone; or (3) Kanemitsu's unit base 6 which includes
the upper shroud member 22, the shroud member 23 and the support member 26.
With regard to these differences, in applying the above-noted test for
obviousness, we conclude that it would have been obvious at the time the invention
was made to a person of ordinary skill in the art to have made Kanemitsu's upper
shroud member 22, shroud member 23, shroud panels 21 and support member 26 from
cast magnesium and not from stamped metal as was known in the art (see the
appellants description of the related art quoted above) in view of Junginger's teaching
that compared to stamped steel cast magnesium does not sacrifice bending stiffness
and impact strength while achieving both a substantial weight reduction and an
increased ductility that improves overall toughness.
The appellants arguments for patentability of claims 1 and 14 are unpersuasive
for the reasons which follow.
First, Junginger is analogous art. The test for analogous art is first whether the
art is within the field of the inventors' endeavor and, if not, whether it is reasonably
pertinent to the problem with which the inventors were involved. In re Wood, 599 F.2d
1032, 1036, 202 USPQ 171, 174 (CCPA 1979). A reference is reasonably pertinent if,
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