Appeal No. 2003-1775
Application No. 09/845,925 Page 13
fairly represented by the products depicted on the cover page of
Kaiser.7
To be of probative value, any secondary evidence must be
related to the claimed invention (i.e., a nexus is required).
Thus, the weight attached to evidence of secondary considerations
will depend upon its relevance to the issue of obviousness and
the amount and nature of the evidence. To be given weight in the
determination of obviousness or nonobviousness, evidence of
secondary considerations must be relevant to the subject matter
as claimed, and therefore we must determine whether there is a
nexus between the merits of the claimed invention and the
evidence of secondary considerations. See Ashland Oil, Inc. v.
Delta Resins & Refractories, Inc., 776 F.2d 281, 305 n.42, 227
USPQ 657, 673-674 n. 42 (Fed. Cir. 1985). The term "nexus"
designates a factually and legally sufficient connection between
the objective evidence of nonobviousness and the claimed
invention so that the evidence is of probative value in the
determination of nonobviousness. See Demaco Corp. v. F. Von
7 Also, note the product sandwiches formed with the Krimpkut
sealer and other Tartmaster devices not having a plunger, such as
shown on pages 7, 8, 48 and at the top of the unnumbered page
entitled “Cuts, Crimps & Seals in One Step.”
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