Ex Parte Achatz et al - Page 6



          Appeal No. 2006-0228                                                                        
          Application No. 10/158,028                                                                  

          it is not, then it must be determined whether the reference is                              
          reasonably pertinent to the particular problem with which the                               
          inventor was concerned.                                                                     

          In the present case, we find that both Omata and Mahaffey                                   
          are within appellants’ field of endeavor which the specification                            
          of the present application (page 1) indicates relates generally                             
          to product dispensers.  More particularly, we find that Mahaffey                            
          is within the more limited field of appellant’s endeavor relating                           
          to product dispensers including a clip adapted to secure the                                
          dispenser to another article.  In addition, we find that Mahaffey                           
          also satisfies the second prong of the above noted test because                             
          it is reasonably pertinent to the particular problem with which                             
          appellants were concerned., i.e., product dispensers that are                               
          easily misplaced and difficult to locate, or are not readily                                
          available when needed or wanted.  Thus, we conclude that Mahaffey                           
          is analogous prior art and was properly considered by the                                   
          examiner in the obviousness rejections before us on appeal.  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                                 

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