Ex Parte Wu et al - Page 11



          Appeal No. 2005-2522                                      Page 11           
          Application No. 09/841,453                                                  

          of ordinary skill in the art would have been led to employ both             
          monomers and polymers as hydrophobic property imparting modifying           
          agents in Jin.  In this regard, one of ordinary skill in the art            
          would have reasonably expected that combining such known                    
          modifiers that impart hydrophobic properties would have been                
          expected to reduce the hydrophilic (moisture adsorption)                    
          properties of the dielectric of Jin via the additive effects of             
          each.  See In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069,               
          1072 (CCPA 1980).                                                           
               Appellants contend that Burns represents non-analogous art             
          because Burns does not disclose modifying a dielectric film on a            
          substrate.  We disagree.                                                    
               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).             
          A reference is reasonably pertinent if, even though it may be in            
          a different field of endeavor, it is one which because of the               
          matter with which it deals, logically would have commended itself           








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