Appeal No. 1997-0449
Application 08/380,244
Inc. v. Aeroquip Corp., 713 F.2d 1530, 1538, 218 USPQ 871, 879
(Fed. Cir. 1983).
The declarations in aggregate reveal, among other things,
the following chronology of events attested to by declarant
Jenkins:
! On November 30, 1989, CertainTeed Corporation, the
assignee of the present invention, began marketing
shingles that included release material having
planographic material thereon for identifying the shingle
as to at least one parameter of its manufacture (Jenkins
I, ¶3; Jenkins II, ¶5; Exhibit F of Jenkins II).
! Throughout the course of 1990, there were a number of
well attended trade shows for the roofing industry and
professional meetings for representatives of major
shingle manufacturers (Jenkins II, ¶3).
! Subsequent to CertainTeed’s introduction of the above
described shingles several manufacturers of roofing
shingles began marketing shingles that included release
material having planographic material thereon for
identifying the shingles as to at least one parameter of
their manufacture (Jenkins I, ¶3; Exhibits A-E of Jenkins
I).
! The shingles of Exhibits A-E of Jenkins I were not
available prior to CertainTeed’s introduction in November
of 1989 of shingles that included release material having
planographic material thereon for identifying the shingle
as to at least one parameter of its manufacture (Jenkins
II, ¶2).
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