Appeal 2007-1325
Application 10/065,722
1 the invention sought to be patented. Dann v. Johnston, 425 U.S. 219, 229
2 (1976) (data processing system used in large business organization found to
3 analogous to inventor's data process system used in banking industry);
4 Graham v. John Deere Co., 383 U.S. 1, 35 (1966) (where inventor was
5 attempting to solve mechanical closure problem, liquid containers having
6 pouring spouts found to be analogous to an inventor's pump spray
7 insecticide bottle cap); Cuno Engineering Corp. v. Automatic Devices Corp.,
8 314 U.S. 84,91-92 (1941) (thermostat to break circuit in a electric heater,
9 toaster or iron found to be analogous to a circuit breaker used in an
10 inventor's cordless cigar lighter); Mast, Foos & Co. v. Stover Mfg. Co., 177
11 U.S. 485, 493 (1900) (device used in mills other than windmills held to be
12 analogous to inventor's use of same device in windmills); In re Oetiker, 977
13 F.2d 1443, 1446, 24 USPQ2d 1443, 1445 (Fed. Cir. 1992) (if art is in the
14 field of applicant's endeavor or is reasonably pertinent to the particular
15 problem with which an inventor is concerned, then the art is "analogous").
16
17 F. Analysis
18 Examiner’s § 103 rejection
19 The Examiner rejected the claims holding that a person having
20 ordinary skill in the art would have found it obvious to use the closure tab of
21 Waterbury in the cap of Freek.
22 The Examiner found that securing a plug within a recess in a lid to be
23 within the level of ordinary skill in the art and that other prior art references,
24 e.g., Aichert, describe disposable lids of various configurations having
25 closure plugs for removably closing a drink opening. (FF. 21)
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