Takeaway: A petitioner must show that references are analogous art to be usable in an obviousness challenge by showing that the reference is either in the field of endeavor of the challenged patent or reasonably pertinent to the problem of the challenged patent such that the reference logically would have commended itself to an inventor’s attention in considering his problem.

In its Final Written Decision, the Board found that Petitioner had shown by a preponderance of the evidence that claims 1, 3, 6-9, 12-16, 20, and 21 of the ’949 patent are unpatentable as anticipated, but had not demonstrated that claims 2, 4, 10, 11 ,17, and 25 are unpatentable. The ’949 patent relates to “a variable movement headrest arrangement for providing support to the head of an occupant of a vehicle upon vehicle impact.” Continue reading →