Appeal No. 2004-1240
Application No. 09/742,691
has little impact in favor of appellant’s position.
B. Eric Polesuk’s Third Declaration
With regard to Eric Polesuk’s Third Declaration,
appellant summarizes the statements made in this
Declaration, beginning on page 5 of the brief, as
follows.
Polesuk states that for the past 11 years, Product
Club, the assignee of the present invention, has
been a supplier of key sundry products for the
Beauty Industry. Thousands of salons use the roll
foil of the present invention and have benefited
from the improved cutting mechanism found on every
self-dispensing box. To satisfy the demand Product
Club has created, Product Club stocks upward of
30,000 rolls of hair foil at its corporate
distribution center. To accommodate the needs of
both the big and small end-users, Product Club
offers its rolls of hair foil in 3 different
lengths, (sizes); 5” X 250’; 5” X 722’, and 5” X
1,450’. Since the rolls of hair foil are offered
in many different colors, the product line now
consists of 11 SKU’s (shelf counting units). In a
very short amount of time, roll foil has become a
significant portion of sales at Product Club and is
up 300%, when comparing 1st half 2000, versus 1st
half 2001, due to the product that is claimed in
the present invention. The commercial success of
the hair foil package dispenser claimed in the
present invention is not based on an increase in
advertising for this product or any other single
business event. Product Club does attend annual
tradeshows where its products are featured and does
periodically advertise its products in industry
journals. However, advertising dollars as a
percent of sales has not increased for the roll of
hair foil. Third Declaration, paragraphs 1-4.
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