Appeal No. 95-4336
Application 08/057,898
sales of the valve have increased 300%; and currently Robohand
has a standing open purchase order to deliver 40 valves a
month, which is indicative of commercial acceptance of the
valve in view of the highly competitive nature of the
marketplace for servo-valves. We do not regard this evidence
as sufficient to rebut the prima facie case of obviousness
made by the combination of Montelius and Ichiyanagi. Sales
figures are a "very weak showing of commercial success, if
any", where, as here, there is "no indication of whether this
represents a substantial quantity in the market". In re
Huang, 100 F.3d 135, 137, 40 USPQ2d 1685, 1689 (Fed. Cir.
1996). Also, it must be shown that the sales were a direct
result of the unique characteristics of the claimed invention
as opposed to other commercial and economic factors, such as
lower cost, advertising, and the like. In other words,
applicant must show a nexus between the sales and the merits
of the claimed invention. In re Huang, supra; In re Paulsen,
30 F.3d at 1482, 31 USPQ2d at 1676. Mr. Borcea's declaration
does not contain such a showing.
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