Appeal 2007-3258
Application 10/916,195
1 break circuit in an electric heater, toaster or iron found to be analogous to a
2 circuit breaker used in an inventor's cordless cigar lighter); Mast, Foos &
3 Co. v. Stover Mfg. Co., 177 U.S. 485, 493 (1900) (device used in mills other
4 than windmills held to be analogous to inventor's use of same device in
5 windmills); In re Oetiker, 977 F.2d 1443, 1446, 24 USPQ2d 1443, 1445
6 (Fed. Cir. 1992) (if art is reasonably pertinent to the particular problem with
7 which an inventor is concerned, then the art is "analogous").
8
9 F. Discussion
10 We have little difficulty finding Goodyear and Cahill were addressing
11 a similar problem—scavenging detrimental oxygen in multi-layer articles.
12 Generally speaking, it may be true that bottles and tires may not be
13 made commercially by the same commercial entity. KSR states that when a
14 work is available in one field of endeavor, design incentives can prompt
15 variations of it, either in the same field or a different field. 127 S. Ct. at
16 1740, 82 USPQ2d at 1389. See also (1) In re Icon Health and Fitness, Inc.,
17 No. 2006-1573, slip op. at 7 (Fed. Cir. Aug. 1, 2007) ("familiar items may
18 have obvious uses beyond their primary purposes") and (2) In re Sullivan,
19 No. 2006-1507, slip op. at 9-10 (Fed. Cir. Aug. 29, 2007) (since Sullivan
20 teaches whole antibodies for use against rattlesnake venom and Coulter
21 teaches using Fab fragments to detect venom of a different snake it would
22 not have been unreasonable for one skilled in the art of snake venom to
23 consider that a Fab fragment of a whole antibody that neutralizes one type of
24 venom might be used to neutralize the venom of another species).
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