Appeal No. 2006-1279
Application No. 10/249,005
pertain to identifying markings on articles that are concealed
from view by directing radiant energy through the article and
detecting images of the concealed markings. The structural and
functional similarities of Gilpatrick to the claimed invention
would reasonably lead the skilled artisan -- an electrical
engineer with substantial industry experience -- to consider
marker detection systems using x-rays such as the system
disclosed by Gilpatrick.
But even if Gilpatrick was somehow not in the same field of
endeavor, the reference's teachings are nevertheless reasonably
pertinent to the inventor's problem -- namely illuminating an
object with x-rays to detect markings on the object that are
hidden from view. The skilled artisan would reasonably refer to
the teachings of Gilpatrick when confronted with the problem of
detecting hidden markings on objects using x-rays. The reference
therefore constitutes analogous art. Moreover, we agree with the
examiner that the skilled artisan would reasonably rely on the
teachings of Gilpatrick in utilizing an x-ray source in Berson's
device essentially for the reasons stated by the examiner. The
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