Appeal 2007-1366
Application 90/005,090
1 Obviousness
2 Analogous Art
3 Patentee argues, in effect, that Quaal is non-analogous art. Quaal is
4 said to be non-analogous because Quaal does not relate to oxygen permeable
5 contact lens materials. Analogous art includes references which are in the
6 field of the inventor’s endeavor or are reasonably pertinent to the problem
7 with which the inventor was concerned. Kahn, 441 F.3d at 986-87, 78
8 USPQ2d at 1336.
9 The field of Patentee’s endeavor is making contact lens materials. As
10 part of Patentee’s claimed method of making contact lens materials, Patentee
11 expressly includes the method of making the comonomer TRIS. Thus,
12 methods of making TRIS are clearly part of the relevant field of endeavor.
13 Further, Gaylord describes methods of making TRIS as well as other
14 comonomers useful for making contact lens materials. Tanaka, while not
15 describing TRIS as a comonomer, describes methods of making the
16 comonomers used in the manufacture of contact lens materials there
17 described. These teachings show that methods of making comonomers are
18 part of the field of making contact lens materials. Quaal’s teaching of a
19 method of making the comonomer TRIS, a comonomer known to be used in
20 contact lens materials, is part of the field of Patentee’s endeavor. Quaal is
21 analogous art. Kahn, 441 F.3d at 986-87, 78 USPQ2d at 1336.
22 Gaylord and Tanaka both relate to forming contact lens materials by
23 copolymerization. They are part of the same art as the claimed invention.
24 Thus, Gaylord, Tanaka and Quaal are analogous art and part of the
25 presumed knowledge of the person having ordinary skill. The hypothetical
26 person of ordinary skill in the art is presumed to have knowledge of all prior
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