Appeal No. 2003-0992
Application 09/934,026
In the background section of the specification, it is described that very recently it has been
reported that in a handful of cases explosions have occurred while gas cans resting on the plastic
surface of a bed liner in a pickup truck were being filled with gasoline and that it has been
theorized that such explosions have been caused or may be caused in the future by the buildup of
static electricity during refueling of gas containers resting on plastic bed liners. The background
section concludes with this sentence: “Therefore, a need is perceived to provide a one-piece
plastic protective cargo bed liner which will prevent and dissipate static electricity buildup on the
liner surface.”
Discussion
The appellant argues that Kuhns belongs to the category of non-analogous art and
therefore cannot be relied on to support a rejection of the appellant’s claims. The argument is
rejected. A prior art reference is not “non-analogous” if either (1) it is within the field of the
inventor’s endeavor, or (2) it is reasonably pertinent to the particular problem with which the
inventor was involved. In re Wood, 599 F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979).
Kuhns’ invention is a plastic pallet which incorporates an electrostatic discharge element. As is
stated in column 2, lines 56-60 of Kuhns:
As used herein, the term “pallet” includes any form of tray,
platform, or carrier for supporting, storing, and transporting by rail
or truck various types of goods and articles, and it also includes
platforms and other structures sometimes referred to as “skids.”
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007