Appeal No. 1998-0187
Application No. 08/247,518
molding. See Main Brief, pp. 8, 10 and 11. Along this line,
at page 3 of the Uram declaration, it is asserted that
. . . an injection molded cup can be and is cheaper
than a conventionally made cup when one takes into
consideration, as well as the strict cost of
manufacture by the injection molding operation, the
advantages that result from the injection molding
operation relative to the conventional cup
manufacture operation.
The economic advantages identified by Uram are a
reduction in the number of rejected cups for quality control
purposes and an enhanced uniformity permitting automated,
rather than manual, painting of the cup. See Uram
declaration, ¶ 9. However, the first Johnson declaration
dated March 2, 1995, at ¶¶ 8 and 12, indicates that the
claimed process had not yet been developed to the full
commercial production stage and describes the cost savings
benefits of the claimed invention as potential benefits.
Also, in the second Johnson declaration dated November 14,
1995, at ¶ 5, the declarant states that “we are optimistic
that we can produce our cups by the Certech method on a large
scale commercial basis, with an increased precision and
uniformity of size and shape, cup after cup” (emphasis
supplied). Likewise, the McLaren declaration dated January
13
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