Appeal No. 1998-3413
Application No. 08/512,782
planter industry in the last 5 years," we have no evidence in
this record as to exactly why the buyer in question was of
that opinion, and no evidence that the opinion of the buyer
was the result of the unique features of the claimed subject
matter.
Moreover, with further regard to appellant's assertions
of commercial success, while it is true that there is evidence
of record that sales approximating 4.5 million dollars worth
of the TERRAGLAZE product were made in FY 96 and additional
sales in the millions were made in the first half of FY 97, we
note that such sales figures alone are entitled to little
weight in the absence of other evidence regarding a defined
market, appellant's market share, growth in the market, or
replacement of earlier units sold by others or by appellant,
and evidence of nexus between the sales made and the
invention's merits. See Kansas Jack, Inc. v. Kuhn, supra.
Accordingly, on this record, we find that appellant’s
proffered evidence of commercial success is entitled to little
weight in the overall determination of obviousness of the
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