Appeal No. 1997-0449 Application 08/380,244 teachings establish a prima facie case of obviousness of the claimed subject matter. Appellants devote a considerable portion of their argument in favor of patentability to the evidence of nonobviousness they have submitted. This evidence consists of two declarations by co-inventor Robert L. Jenkins provided for the purpose of showing copying by others of the presently claimed invention. It is well settled that a nexus must be2 established between the merits of the claimed invention and the evidence proffered to show nonobviousness if such evidence is to be accorded substantial weight in deciding the obviousness/nonobviousness issue. See Simmons Fastener Corp. v. Illinois Tool Works, Inc., 739 F.2d 1573, 1575, 222 USPQ 744, 746 (Fed. Cir. 1984), cert. denied, 471 U.S. 1065 (1985). Moreover, in any given case, evidence of nonobviousness may be entitled to more or less weight, depending upon its nature and its relationship with the merits of the invention. Stratoflex 2 The declarations in question were submitted by appellants on May 15, 1995 (Paper No. 29, executed by Jenkins on May 11, 1995, hereinafter “Jenkins I”) and July 31, 1995 (Paper No. 32, executed by Jenkins on July 24, 1995, hereinafter “Jenkins II”). 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007