Appeal No. 1998-0187
Application No. 08/247,518
and the State University of New Jersey. In view of the 3
presentation of such evidence, we must reweigh the entire
merits of the matter of obviousness and hence consider all of
the evidence of record anew (In re Piasecki, supra). We are
also mindful that evidence of nonobviousness in any given case
may be entitled to more or less weight, depending upon its
nature and its relationship with the merits of the invention.
Stratoflex Inc. v. Aeroquip Corp., 713 F.2d 1530, 1539, 218
USPQ 871, 879 (Fed. Cir. 1983)
The Uram declaration asserts (¶ 9) that contrary to the
conventional wisdom of the art, he has found that injection
molded cups can be made cheaper than conventionally made cups,
when one takes into consideration the advantages that result
therefrom, namely, the number of injection molded cups which
must be rejected for quality control purposes is greatly
reduced and the injection molded process produces more uniform
and standardized cups which permits what prior to the
invention was a manual job of painting the cup to be
automated. The Uram declaration further asserts (¶ 10) that
3A copy of these declarations appears in “Appendix 2"
attached to the main brief.
10
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