Appeal No. 2004-1240
Application No. 09/742,691
Declarations in their entirety, and have read both
appellant’s and the examiner’s position on each of
these Declarations, and our determinations are set
forth below.
A. Eric Polesuk’s Second Declaration
With regard to Eric Polesuk’s Second Declaration,
appellant summarizes the statements made in this
Declaration, beginning on page 5 of the brief, as
follows.
Polesuk submits that a jagged-like pattern
formed in the cardboard of the box is not
considered an integrated cutting blade; simply a
rough edge. Second Declaration, paragraph 2.
Polesuk also states that although self-
dispensing boxes having an integrated cutting
blade have been around in the food service
industry for many years for the purpose of
cutting rolls of aluminum foil and plastic film,
no such device was used in the Beauty Industry
and dispensed from a box having a width between
approximately 3.5” to 6.0”. Second Declaration,
paragraph 3. Polesuk states that prior to the
present invention, there was no self-dispensing
box for the Beauty Industry having the features
of the present invention, and concludes that it
could not have been obvious to a person in the
Beauty Industry who had knowledge of the prior
art to have made the product of the present
invention. Second Declaration, paragraph 3.
Polesuk states that other persons in the Beauty
Industry had been trying to solve the problem of
efficiently dispensing hair foil for many years.
Persons in the Beauty Industry had knowledge of
dispensers for rolls of aluminum foil and
plastic films used in the food service industry.
These same persons had knowledge of the hair
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