Appeal No. 2004-1246
Application No. 09/960,948
section of appellant’s specification indicates at page 4, first
paragraph, that a cap having an exterior of non-rigid material
reduces fatigue. Since the soft non-rigid handle portion of Beals’
toothbrush is stated to be for the purpose of enhancing user
comfort and feel (column 3, lines 16-17; column 3, lines 45-52;
column 7, lines 46-50), we consider that Beals is reasonably
pertinent to the particular problem with which appellant was
involved, and therefore satisfies the second prong of the above
noted test. Appellant’s view to the contrary in this matter is
based on an overly restrictive view of the particular problem with
which the inventor was involved. As a further point, we note that
it is well settled that in cases involving relatively simple
every-day mechanical concepts, like those involved in the present
application, it is reasonable to permit inquiry into other areas
where one of even limited technical skill would have been aware
that similar problems exist. See In re Heldt, 433 F.2d 808, 812,
167 USPQ 676, 679 (CCPA 1970).6
6In In re Heldt, it was held that a reference pertaining to
a corrugated, sheet metal culvert with a structurally reinforced
end was analogous art with respect to a claim directed to a
storage tube for a golf club having a reinforcing ring at the end
thereof.
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