Appeal No. 96-3446
Application 08/327,147
runs in the tights caused by slits, no other product was available before the the PRIMA
SOFT tights.
Score also states that there was "a long felt need within the dance community for a remedy to the
problem of runs in the tights caused by slits". Also:
As a small business owner, I am very careful about adding new products to my
offerings and I do not purchase an inventory of new products without close scrutiny.
However, I found the features of the PRIMA SOFT tights to be appealing, and
decided to stock the product in my store. Since I first introduced the tights, my sales of
the product have been very brisk. I have had to re-order the PRIMA SOFT tights
frequently in order to keep them in stock. In short, The PRIMA SOFT tights have
been a very successful product. In my opinion, the commercial success of the PRIMA
SOFT tights is primarily attributable to the features that I outlined above.
The following are excepts from appellant's Declaration II which is, in essence, an
update of his declaration I:
In a total market that I estimate to be about 300 professional dancewear retail stores,
my invention was introduced and purchased wholesale by more than 150 of these
stores within a period from August, 1991 and June, 1993. The first commercial sales
began in May, 1992.
* * * *
Attached as Exhibit I is a chart illustrating the number of new retail store accounts
which I acquired and to whom I sold the PRIMA SOFT product to during each month.
Exhibit II graphically illustrates the substantial growth in the total number of retail
accounts to whom I sold the convertible tights during the period referred to in my earlier
declaration. In the period from May, 1992 through June, 1994, the total number of
dancewear stores that carry my PRIMA SOFT product grew from 0 to 265. This
growth in retail accounts from the introduction of my product through June, 1994 is
illustrated in Exhibit III.
The customers are located in most of the 50 states throughout the country and I
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