How does analogous art apply in different technical fields?
MPEP 2141.01(a) provides examples of how analogous art is applied in various technical fields:
- Chemical Arts: The MPEP cites Ex parte Bland, where all references concerned with absorbing biologically active materials on carriers were considered pertinent.
- Mechanical Arts: The MPEP notes, “In a simple mechanical invention a broad spectrum of prior art must be explored and it is reasonable to permit inquiry into other areas where one of ordinary skill in the art would be aware that similar problems exist.” (Stevenson v. Int’l Trade Comm., 612 F.2d 546)
- Electrical Arts: In Medtronic, Inc. v. Cardiac Pacemakers, the court held that one of ordinary skill in the pacemaker designer art faced with a rate-limiting problem would look to solutions in other fields dealing with rate limiting problems.
- Design Arts: The MPEP refers to In re Rosen, where designs of contemporary furniture other than coffee tables were considered within the scope of knowledge of a designer of ordinary skill.
These examples illustrate that the application of analogous art can vary depending on the specific technical field and the nature of the problem being solved.
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Topics:
MPEP 2100 - Patentability,
MPEP 2141.01(A) - Analogous And Nonanalogous Art,
Patent Law,
Patent Procedure