Appeal No. 98-2186
Application No. 08/517,946
recognition alone forms any basis to overcome the strong
evidence of obviousness that we have relied upon above in the
form of the Bobjer patent.
One major area of weakness in appellant’s evidence is the
lack of any indication that the various units referred to in
the letters are in fact like the apparatus set forth in the
claims before us on appeal. Where it is asserted that
commercial success of the invention supports a conclusion of
nonobviousness, the appellant is required to demonstrate a
nexus between the merits of the claimed invention and the
evidence of commercial success. See Cable Electric Products,
Inc. v. Genmark, Inc., 770 F.2d 1015, 1027, 226 USPQ 881, 888
(Fed. Cir. 1985). No such nexus has been established by the
"evidence" presented by appellant in the present case.
Moreover, we also observe that no evidence is offered as to
other factors of significance in establishing commercial
success, such as total market demand, market share, growth of
market share or the extent to which appellant's air
conditioning assembly has displaced other assemblies in the
market. Nor is there evidence to show that sales of
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