Appeal No. 97-3194 Page 30
Application No. 08/442,816
subject matter. See Cable Elec., 770 F.2d at 1027, 226 USPQ
at 888. In other words, a nexus is required between the sales
and the merits of the claimed invention. In ex parte
proceedings before the Patent and Trademark Office, an
applicant must show that the claimed features (i.e., the
subject matter of claims 3, 4, 6, 9 to 20, 31 to 36 and 44 to
46) were responsible for the commercial success of an article
if the evidence of nonobviousness is to be accorded
substantial weight. Merely showing that there was commercial
success of an article which embodied the invention is not
sufficient. See Ex parte Remark, 15 USPQ2d 1498, 1502-03 (Bd.
Pat. App. & Inter. 1990). Compare Demaco Corp. v. F. Von
Langsdorff Licensing Ltd., 851 F.2d 1387, 7 USPQ2d 1222 (Fed.
Cir.), cert. denied, 488 U.S. 956 ( 1988). See also Pentec,
Inc. v. Graphic Controls Corp., 776 F.2d 309, 227 USPQ 766
(Fed. Cir. 1985) (commercial success may have been
attributable to extensive advertising and position as a market
leader before the introduction of the patented product); In re
Fielder, 471 F.2d 640, 176 USPQ 300 (CCPA 1973) (success of
invention could be due to recent changes in related technology
or consumer demand; here success of claimed voting ballot
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