Ex parte KASA-DJUKIC - Page 13




          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,               

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