Appeal No. 1998-0187
Application No. 08/247,518
injection molded cups are superior in appearance, uniformity
and reliability to cups made by the conventional method.
The Johnson declarations disclose that Wedgwood has
entered into a nonexclusive licence agreement with Certech,
Inc. (hereinafter “Certech”), which agreement includes a4
commitment by Wedgwood to fund the development of “the
process” for large scale manufacture. See declaration dated
March 2, 1995, ¶ 5 and declaration dated November 14, 1995, ¶
7. Johnson also states his belief that “[w]hen the Certech
process is developed to the full commercial production stage”
certain “potential” improvements will make it advantageous to
adopt the Certech process over Wedgwood’s traditional process.
See declaration dated March 2, 1995, ¶ 8. The “potential”
improvements identified include a reduction in the amount of
skilled labor required to attach the handle and remove
imperfections, improved yields, greater uniformity in cup size
and less risk of handle defects. Id.
The McLaren declaration states his opinion that the
“Certech process” is nonobvious as well as his belief that
4According to the Main Brief (p. 1), Certech, Inc. is
the assignee of the application on appeal.
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