In an IPR dealing with the rare issue of analogous prior art in an obviousness analysis, the Board held in favor of the Patent Owner that a prior art reference was not analogous and therefore was disqualified from use in the IPR proceeding. The Board stated that a reference is considered analogous prior art if it meets one of two factors: (1) the reference is from the same field of endeavor as the claimed subjected matter, regardless of the problem addressed; or (2) the reference, even though not within the field of the claimed invention, is reasonably pertinent to the problem with which the inventor is involved. The Board further noted that, regarding the second factor, the purposes of both the invention and the prior art are important in determining whether the reference is reasonably pertinent to the problem the invention attempts to solve.
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