Appeal No. 97-3194 Page 27
Application No. 08/442,816
In this case the appellant has submitted evidence in the
form of a declaration from John F. Hornbostel, Jr. (attached
to Paper No. 6, filed Mach 11, 1996). The declaration
provides:
1. In August, 1994, Winner [Winner International
Royalty Corporation, assignee of the appealed application]
introduced a line of bicycle security locks into the United
States market to permit bicycle owners to secure a bicycle to
an immoveable object. This line of locks represents the first
products introduced by Winner into the bicycle accessory
market. Winner sells four different styles and sizes of
bicycle locks. I am advised that all four of the locks are
covered by one or more claims of the above-captioned
application.
2. Following the commercial introduction of the bicycle
locks in 1994, these locks enjoyed immediate substantial
commercial success and have experienced a continuous sales
growth. In the most recent three month period from October
through December 1995, the dollar volume of sales of these
locks at the wholesale level has exceeded $185,000.00.
3. In my opinion, the success of the bicycle lock in
the marketplace is due in large measure to the features of the
locks that are covered by the claims of the patent
application. More specifically, the use of two U-shaped
members which telescopically move toward and away from one
another and which utilize either a pawl/ratchet tooth
arrangement or a plurality of semicircular grooves with a lock
mechanism, to provide a wide degree of adjustability are
features which have contributed to the almost instantaneous
success and popularity of the lock devices.
4. Another reason for the success of the lock devices
is the relative simplicity of the design and operation of each
device and the claimed features thereof which protect the
bicycle and the lock components from marring, damage and
weathering.
5. In my opinion, the Winner line of bicycle locks have
displaced the United States sales of locks manufactured by
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