Appeal No. 1996-3918
Application No. 08/232,351
Cir. 1988): "Commercial success is relevant only if it flows
from the merits of the claimed invention." Here, while the
chart showing might possibly be considered to establish that
the sales figures for the "NEW STYLE" were better than the
"OLD STYLE" since 1994, there is nothing which establishes
that the "NEW STYLE" was the invention disclosed and claimed
in the instant application. Moreover, the sales depicted in
the chart have not been placed in a meaningful context, e.g.,
total market share or profitability. In this regard, it
should also be noted that “evidence related solely to the
number of units sold provides a very weak showing of
commercial success, if any.” In re Huang, 100 F.3d 135, 140,
40 USPQ2d 1685, 1687 (Fed. Cir. 1996). The declaration also
states that "[b]ased on my marketing activities I can state
that the sales success of the single support system has been
because of the feature of the single support adjustable
backboard system with the basketball rim goal attached
directly to the support member." This statement, however, is
simply conclusory in nature and unaccompanied by any
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