Appeal No. 1996-4111
Application No. 08/311,902
First, Exhibits A and B referred to in the Randles
declaration show that between 1991 and 1994, the number of
battery terminal connectors having a color coded, protective
plastic coating (red and black paints) sold were greater than the
number of uncolored, unprotected battery terminal connectors
sold. However, nowhere do those exhibits, or any other exhibits
of record, show that the battery terminal connectors having a
color coded, protective plastic coating were sold in a greater
number than those battery terminal connectors closely resembling
them (e.g., battery terminal connectors having a protective
plastic or rubber sheath or protective metal coated battery
terminal connectors). We simply cannot find any evidence showing
an actual market share of the battery terminal connectors having
a color coded, protective plastic coating. Under these
circumstances, we cannot conclude that the Randles declaration
demonstrates commercial success of the claimed invention.
Secondly, the Randles declaration does not demonstrate that
the alleged commercial success was substantially due to the
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