Ex Parte CARIDEI - Page 5




          Appeal No. 1996-4111                                                        
          Application No. 08/311,902                                                  


               coating of the type described in Davidson, we agree                    
               with the examiner that it would have been prima facie                  
               obvious to employ such coating, in lieu of a plastic                   
               sheath, to all the surfaces of conventional battery                    
               terminal connectors, except for regions of anticipated                 
               direct electrical contacts, i.e., a battery post                       
               contact area and a battery cable contact area, with a                  
               reasonable expectation of successfully minimizing or                   
               preventing corrosion.                                                  

               Having determined that the prima facie case of obviousness             
          is established, we look to a Rule 132 declaration executed by               
          Richard R. Randles on January 4, 1995 (hereinafter referred to as           
          “the Randles declaration”).  See, e.g., In re Piasecki, 745 F.2d            
          1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984).  According to               
          appellant (Brief, pages 5-7), the Randles declaration                       
          demonstrates commercial success, long-felt need and failure of              
          others, and copying.                                                        
               With respect to commercial success, appellant must provide             
          sufficient proof to establish (1) that the claimed battery                  
          terminal connectors are commercially successful and (2) that such           
          a success is directly resulted from the unique characteristics              
          (merits) of the claimed battery terminal connectors.  In re                 













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