Appeal No. 1996-3918 Application No. 08/232,351 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 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 W. L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1555, 220 USPQ 303, 315 (Fed. Cir. 1983), cert. denied 105 S. Ct. 172 (1984). When viewed in this context, we are satisfied that the above-noted statements in the appellant's declaration fall far short of establishing long-felt need. The appellant's self-executed declaration also states that U.S. Patent No. 5,800,296 establishes evidence of copying. However, the mere fact that another person (i.e., Shaw) patented and/or used similar technology is not persuasive evidence that Shaw knew of the appellant's invention and copied it. Shaw might well have independently developed a backboard which falls within the scope of the claimed invention. Moreover, it is well settled that "more 13Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007