Appeal No. 2003-0580
Application No. 09/139,081
Second, Wilson does not establish, such as by providing
evidence from carpet users, that the claimed invention solves any
need. Wilson merely submits articles by trade journal publishers
who are in a position to receive advertising revenue from
companies whose products they discuss and who, therefore, cannot
reasonably be considered impartial. Not surprisingly, the
articles praise the products made by BASF (the appellants’
assignee) and every other company mentioned in the articles.
Moreover, the articles clearly do not establish that the
appellants have solved the need for stain resistant, ozone fade
resistant carpet fibers such that no further improvement in
carpet fiber stain resistance and ozone fastness is needed.
Third, Wilson does not establish that the stain resistance
and ozone fastness which the articles attribute to the Savant™
fibers are due to the characteristics set forth in the
appellants’ claims.
For the above reasons we conclude that a prima facie case of
obviousness of the appellants’ claimed invention has been
established and has not been effectively rebutted by the
appellants.5
5 A discussion of Chambers, Ida ‘973 and Ida ‘901 is not necessary
to our decision.
8
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