Ex Parte DAVIS - Page 6

          Appeal No. 1995-4961                                                        
          Application No. 29/014,077                                                  

          ordinary skill in the articles involved.  Id.  Appellant also               
          refers to specific portions of evidence and declarations to                 
          support his positions.  Id.  The examiner has not specifically              
          responded to many of these arguments.  See Answer in its                    
          entirety.  Nor has the examiner made adequate factual analyses on           
          the sufficiency of these declarations and other factual evidence            
          relied upon by appellant.  Id.                                              
               In addressing the sufficiency of each and every evidence               
          relied upon by appellant, the examiner must keep in mind that               
          appellant has the burden of supplying sufficient proof to                   
          establish his position.  To establish commercial success, for               
          example, appellant must provide sufficient proof to demonstrate             
          that the claimed squash racquet is commercially successful and              
          the sales are directly resulted from the merits of the claimed              
          subject matter.  See In re Huang, 100 F.3d 135, 139-40, 40 USPQ2d           
          1685, 1689-90 (Fed. Cir. 1996).  To establish copying by others,            
          appellant must demonstrate that there was a widespread acceptance           
          and adoption of the claimed subject matter and a nexus between              
          the adoption and the merits of the claimed subject matter.  See             
          Cable Electric Prods. v. Genmark, Inc., 770 F.2d 1015, 1028,                
          226 USPQ 881, 889 (Fed. Cir. 1985).                                         


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