Whether prior art is analogous is not always the focus of an obviousness challenge. Nevertheless, failing to show that a reference is analogous to the challenged claims is a mistake.

Within the last quarter, for example, the PTAB issued sixteen decisions (under 37 C.F.R. §§ 42.73, 42.108) that consider the question of analogous art, and in each case the PTAB has sided with ...

A patent owner "bears the burden of establishing that its claimed invention is entitled to an earlier priority date than an asserted prior art reference." In re Magnum Oil Tools Int'l Ltd., 829 F ...

The parties agreed that the de Gennes reference belonged to a different field of endeavor than the challenged patent. Mylan argued that de Gennes constituted analogous art because it was pertinent ...