Appeal No. 1997-0449
Application 08/380,244
In addition, declarant Jenkins attests that the level of
available information as to new products of competitive
shingle manufacturers is relatively high, that the totality of
significant shingle manufacturers is relatively small (about a
dozen), and that, as a consequence, introduction of new
products
of any one shingle manufacturer is quickly known to the other
significant shingle manufacturers (Jenkins I, ¶3).
In the present case, the appearance in the marketplace in
late 1989 of shingles embodying the features of Exhibit F of
Jenkins II, the standard practices of the shingle roofing
industry (e.g., trade shows, professional meetings, etc.), the
subsequent appearance of shingles embodying the features of
Exhibits A-E of Jenkins I, and the relative simplicity of the
subject matter involved here, all support a conclusion that
the makers of Exhibits A-E had access to the presently claimed
invention shortly after CertainTeed’s introduction of shingles
like those of Exhibit F into the marketplace in late 1989. In
addition, a comparison of Exhibits A-E of Jenkins I and
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