Appeal 2007-0843
Application 09/725,393
Bruckman, AAPA, and Tiedemann are each broadly directed to the
telecommunications art and, more particularly, to methods of sending and
receiving data on a telecommunications network. We specifically note that
Tiedemann’s CDMA system enables both voice and data communications
between users (col. 1, ll. 19-21). Therefore, we find the cited references are
analogous by virtue of being from the same field of endeavor as the instant
invention (i.e., being broadly directed to data transmission over a
telecommunications network). See In re Kahn, 441 F.3d 977, 987, 78
USPQ2d 1329, 1336 (Fed. Cir. 2006) (“The analogous-art test requires that
the Board show that a reference is either in the field of the applicant's
endeavor or is reasonably pertinent to the problem with which the inventor
was concerned in order to rely on that reference as a basis for rejection.”)
(internal citation omitted).
Furthermore, our reviewing court has recently reaffirmed:
[A]n implicit motivation to combine exists not only when a suggestion
may be gleaned from the prior art as a whole, but when the
‘improvement’ is technology-independent and the combination of
references results in a product or process that is more desirable, for
example because it is stronger, cheaper, cleaner, faster, lighter,
smaller, more durable, or more efficient … In such situations, the
proper question is whether the ordinary artisan possesses knowledge
and skills rendering him capable of combining the prior art
references.
DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464
F.3d 1356, 1368, 80 USPQ2d 1641, 1651 (Fed. Cir. 2006) (emphasis in
original).
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