Appeal No. 2005-0651
Application 09/826,486
Laboratories Inc. v. Toshiba Corp., 993 F.2d 858, 865, 26 USPQ2d
1767, 1774 (Fed. Cir. 1993); and State Contracting & Eng ’g
Corp. v. Condotte America, Inc., 346 F.3d 1057, 1069, 68 USPQ2d
1481, 1490 (Fed. Cir. 2003). Where the general scope of a
reference is outside the pertinent field of endeavor, the
reference may be considered analogous art if subject matter
disclosed therein is relevant to the particular problem with
which the inventor is involved.
In the case before us, we find that the inventor is
addressing the problem of integrated circuit manufacturing and
packaging (see Appellant's specification at page 2 at lines 18-
21) of a biometric security device. We find that the analogous
art includes the area of general semiconductor manufacturing and
packaging into which the Hattori patent falls. We also find that
Hattori addresses and solves the same problem confronted by
Appellant.
Therefore, we will sustain the Examiner’s rejection under
35 U.S.C. § 103.
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