When is a reference analogous art to the claimed invention?
A reference is analogous art to the claimed invention 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).
The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.
The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer comes from section 2141.01(a) of the MPEP. The following is a brief summary of section 2141.01(a).
2141.01(a) Analogous and Nonanalogous Art
This section discusses analogous and nonanalogous art. 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.