Appeal No. 1999-2243
Application 08/567,081
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, 1689 (Fed. Cir. 1996). There
must be an indication of whether the sales represent a
substantial quantity in the market, and proof of a nexus
between the sales and the merits of the claimed invention, as
opposed to other economic and commercial factors unrelated
thereto. Id. Such evidence is lacking here.
(III) Claims 20, 24 to 26 and 34 are rejected for failure to
comply with the second paragraph of 35 U.S.C. § 112, in that
the following terms have no antecedent basis:
(i) "said handle" in claim 20, line 2;
(ii) "said housing structure" in claims 24 to 26 and 34.
Remand to the Examiner
Pursuant to 37 CFR § 1.196(e), this case is remanded
to the examiner to determine whether claims 22 and 33, or any
other
claims in the application, should be rejected under § 103 as
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