Appeal 2007-2637
Application 10/741,269
According to the examiner, if the frame of reference is rotated 90°
such that Olson's top and bottom edges become left and right edges, then the
requirement for left and right folds with an orthogonal middle fold is met.
Pitney Bowes argues that Olson is not analogous art.13 The examiner insists
that Olson is relevant since it can be "advertising specialty".14
Art is considered analogous if it satisfies either of two separate tests.
First, is the art from the same field of endeavor, regardless of the problem
addressed? Second, if not, then is the reference reasonably pertinent to the
particular problem with which the inventor is involved?15 Olson could be
considered to be from the same field broadly conceived (mass-production
13 Br. 9.
14 Olson 13:54-60.
15 In re Bigio, 381 F.3d 1320, 1325, 72 USPQ2d 1209, 1212 (Fed. Cir.
2004).
8
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