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”).
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