Interference No. 103,878
relationship with the merits of the invention. See Stratoflex
Inc. v. Aeroquip Corp., 713 F.2d 1530, 1539, 218 USPQ 871, 879
(Fed. Cir. 1983).
The senior party references the junior party’s
exhibit A, JX-A, the facsimile from Henson to Brammer, which
includes Henson’s handwritten notation, “If we can make this -
- I can sell thousands of them--call me--Jim H.” The senior
party argues that this is some sort of evidence of the
popularity of the subject matter of the senior party’s claims.
In our view, this statement by Henson on the facsimile
provides little evidence regarding long-felt need, commercial
success or recognition by the public.
Most importantly, the statement is prospective in nature. It
is merely an anecdotal prediction by Henson. We must
emphasize that the senior party has provided no evidence that
thousands of the reflectors have actually been sold. The
senior party has also failed to provide any evidence regarding
the nexus between the claimed invention and any sales. The
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