What is considered analogous art for obviousness rejections?

For a reference to be proper for use in an obviousness rejection under 35 U.S.C. 103, it must be analogous art to the claimed invention. A reference is considered analogous art if:

• The reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or
• The reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention).

As stated in the MPEP: “In order for a reference to be proper for use in an obviousness rejection under 35 U.S.C. 103, the reference must be analogous art to the claimed invention.” (MPEP 2141.01(a))

To learn more:

• analogous art
• obviousness
• prior art
• patent examination