Appeal No. 96-2862
Application No. 08/030,704
Apparently, the appellants believe that this magazine article
establishes long-felt need.
In general, to establish long-felt need, evidence must be
presented which demonstrates the existence of a problem which was
of concern in the industry and has remained unsolved over a long
period of time. See Vandenberg v. Dairy Equip. Co., 740 F.2d
1560, 1567, 224 USPQ 195, 199 (Fed. Cir. 1984). This can be
accomplished, for example, by the testimony of experts in the
industry, or publications or the like, which speak to the
duration and extent of the problem, and of the substantial effort
and resources which had been expended during that time in
attempts to solve the problem. See Railroad Dynamics, Inc. v.
Stucki Co. 579 F. Supp. 353, 362, 218 USPQ 618, 628 (E.D. Pa.
1983), aff'd, 727 F.2d 1506, 220 USPQ 929 (Fed. Cir.), cert.
denied, 469 U.S. 871 (1984). Once the long-felt need has been
established, it must further be shown that the invention satis-
fied that need. See In re Cavanagh, 436 F.2d 491, 496, 168 USPQ
466, 471 (CCPA 1971). This can be demonstrated, for example, by
evidence establishing commercial success and that the industry
purchased the claimed invention because it satisfied the long-
felt need. See W. L. Gore & Assocs., Inc. v. Garlock, Inc.,
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