Appeal No. 97-3070 Application 08/584,097 and has remained unsolved over a long period of time. See, e.g., Vandenberg v. Dairy Equipment 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. Railroad Dynamics, Inc. v. Stuki Co. 579 F. Supp. 353, 218 USPQ 618, 628 (E.D. Pa. 1983), aff'd, 727 F.2d 1506, 220 USPQ 929 (Fed. Cir. 1984), cert. denied, 105 U.S. 220 (1984). Once the long-felt need has been established, it must further be shown that the invention satisfied that need. See, e.g., 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, e.g., W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1555, 220 USPQ 303, 315 (Fed. Cir. 1983). When viewed in this context, 13Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007