Appeal No. 1996-4111
Application No. 08/311,902
success. The Randles declaration clearly does not refer to any
evidence that commercial tools, such as the pricing and/or
advertising, were not responsible for obtaining the alleged
commercial success. This lack of nexus between the claimed
invention and the alleged commercial success is further
buttressed by the fact that claim 15, as recited, does not
require battery terminal connectors to have a color coded
coating.
With respect to the alleged fulfillment of a long-felt need
and failure of others, the Randles declaration refers to the
advertisements designated in the Invention Disclosure Statement
as “AR”, “AS”, and “AT”. These advertisements indicate that
certain metal plated battery terminal connectors have increased
corrosion resistance. However, the advertisements do not
indicate that these metal plated battery terminal connectors were
not useful for solving the existing corrosion problem. In re
Mixon, 470 F.2d 1374, 1377, 176 USPQ 296, 299 (CCPA 1973). Nor
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