Appeal No. 2001-0159
Application 08/936,724
site” (page 1).3 In addition, the evidence includes a
declaration by Kawakami (filed February 15, 2000, paper no. 15),
a customer, wherein Kawakami states that his company has
purchased glass wool insulating materials from the appellants’
assignee since around May 1996 because (pages 1-2):
3. Since the heat insulating material is so formed
that all 6 faces, i,e.[sic], a front surface, a rear
surface, both side surfaces along a longer side and
both side surfaces along a shorter side, of the glass
wool mat are covered with synthetic resin films, there
is reduced skin irritation for workers due to the
scattering of glass fibers during working. So far, we
often felt the irritating feeling with heat insulating
material produced by other manufacturers because both
sides along a shorter side of the product were not
covered with synthetic resin films.
4. Further, we have employed the Asahi Fiber Glass
heat insulating material because Asahi Fiber Glass was
the first to commercialize glass wool heat insulating
material for housing, having such feature, which is
suited for use at an actual construction site.
The examiner states that “it is acknowledge [sic] that the
data presented in Appellant’s declaration appear to show an
overall upward trend in Appellant’s market share” (answer,
page 8). The examiner argues that the JP ‘849 covered mat has
3 In view of the appellants’ presentation of the Iwashita
declarations in conjunction with the Hayashi and Kawakami
declarations (brief, sentence bridging pages 7 and 8), we
consider the Mat Ace Fullpack referred to in the Hayashi and
Kawakami declarations to be the product of claim 1 for which
market share data are reported in the Iwashita declarations.
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