Appeal No. 1996-1877
Application No. 08/149,716
set forth in the claims on appeal and shown in Exhibits H, L
and M. Mr. Harris proceeds to show in Exhibits E, F, G, I, J
and K that, subsequent to disclosure of appellants’ invention,
Perkin Elmer, Hewlett Packard and others in the field
introduced headspace autosamplers falling within the bounds of
appellants’ claims on appeal.
Mr. Harris further states (declaration, page 4) that
prior to March 1990 Tekmar company did not sell any static
headspace samplers and (declaration, pages 7-8) that
subsequent to the introduction of the Tekmar 7000/7050
Headspace Autosampler in March 1990 Tekmar company achieved an
approximately 22% of the U.S. market for automatic headspace
sampler by about April 1, 1993, while the combined market
share of Hewlett Packard/DANI and Perkin Elmer were
correspondingly reduced. Mr. Harris notes (declaration, pages
3-4) that Tekmar has spent approximately $150,000.00 dollars
on advertising of the Tekmar 7000/7050 Headspace Autosampler
including the agitation feature.
Zelda Penton supplements Mr. Harris’s statements in that
Ms. Penton declares (declaration, page 2) that prior to April,
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