Appeal No. 2004-1046
Application No. 09/354,203
We are not persuaded that the appellant has met his burden
of proving long-felt need and failure of others. As evidence,
the appellant relies on the following:
1. declaration of Mack Rose filed Aug. 22, 2000, to which
were attached: (a) a letter from Don Martine of
Martine Drywall of Jan. 21, 2000 (Exhibit A); (b) Nick
Moretti, A Step in the Right Direction, WALLS &
CEILINGS (2000) (Exhibit B); (c) E-mail from John
Friley to “Mack” at mack@macksstep.com (June 29,
2000)(Exhibit C); (d) a letter from Pat Carrasco of
Rocker Chronicles to Mack’s Step Inc. (Exhibit D); a
draft article authored by Pat Carrasco (Exhibit E);
(f) E-mail from Joe Wheeler of The Construction Zone
to “Mack” at mack@macksstep.com (June 17,
2000)(Exhibit F); and (g) Mack’s Step Inc. “Sales by
Item Detail” (Jan. 1 through Aug.10, 2000)(Exhibit G);
2. declaration of Ralph J. Adkins filed Aug. 22, 2000;
3. declaration of Maxx Belton filed Aug. 22, 2000; and
4. supplemental declaration of Mack Rose filed Dec. 26,
2000, to which was attached a letter from Gary Bowman
of Bowman Master Craftsmen to Mack’s Step (Exhibit H).
There can be no question that the appellant’s relied upon
evidence suggests that certain individuals considered a specific
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