Appeal No. 2000-1665
Application 08/752,529
because 1) there is no showing that others of ordinary skill
in the art were working on the problem and if so, for how
long; and 2) there is no showing that persons skilled in the
art who were presumably working on the problem knew of the
teachings of the above cited references (Thalenfeld and
Petrou) and still were unable to solve the problem.
On the whole, we find that the evidence submitted by
appellant demonstrates the existence of a labeling problem
associated with merchandising display supports recognized in
the merchandising industry for a long period of time and also
that efforts have been made, for many years, by those who
design and sell such merchandising supports, as well as by
those who use such supports, to solve this labeling problem,
without any satisfactory success. See paragraphs 3-6, 11 and
12 of the Valiulis declaration; paragraphs 2-5 of the Harrell
declaration; and paragraphs 2-4 of the Hopson, Stipanovich,
and Shope declarations. In addition, we find from the
evidence submitted by appellant that those skilled in the art
of merchandising supports and labeling for such supports have
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