Appeal No. 2001-1504
Application 08/618,263
paragraphs 7 through 9 and Exhibit 1) merely contains an
unsubstantiated assertion that production of certain prior art
self-adjusting tools which did not have laminated jaw
constructions was terminated “reportedly because of
manufacturing difficulties” (paragraph 8). This assertion
mirrors the one made on page 2 in the appellant’s
specification. Wooster, however, neither identifies the
alleged manufacturing difficulties nor avers that the subject
matter recited in claim 16 solves these problems.
Furthermore, even if it is assumed for the sake of argument
that these manufacturing difficulties involved an inability to
consistently provide the allegedly critical pivot point
clearances or tolerances described by Wooster, claim 16 does
not recite these clearances/tolerances as part of the claimed
tool, and thus is not be commensurate in scope with the
apparent solution.
The Wooster declaration likewise has little probative
value as evidence of commercial success. For the most part,
the appellants’ showing in this regard (see declaration
paragraph 11) consists of bald sales figures which have not
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