Appeal No. 2001-0159
Application 08/936,724
shown evidence of commercial success (brief, page 5). This
evidence includes a declaration by Iwashita (filed September 20,
1999, paper no. 10) and an update of that declaration (filed
February 15, 2000, paper no. 15), wherein the appellants’ market
share for the product of claim 1 is shown to have increased from
35.9% to 45.0% between the first quarter of 1996 and the third
quarter of 1999. The declaration also shows that the total sales
of the product did not increase during this period. Iwashita
explains that sales were flat due to poor economic conditions in
Japan, and that the increased market share was due to customer
satisfaction, especially in preventing scattering of fibers, and
was not due to any special advertising campaign. The evidence
also includes a declaration by Hayashi (filed February 15, 2000,
paper no. 15), a customer. Hayashi states that his company has
purchased Mat Ace Fullpack glass wool insulating materials since
May 1996 from the appellants’ assignee, Asahi Fiber Glass
Company, Ltd., “because, unlike glass wool insulating materials
from other manufacturers, the glass wool insulating materials of
Asahi Fiber Glass have all surfaces covered with synthetic resin
films, and there is no scattering of fibers and no uncomfortable
irritating feeling when the products are used in a house building
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007