Appeal No. 2004-1240
Application No. 09/742,691
C. Eric Polesuk’s Other Declaration having
Attachment A
Appellant discusses Attachment A, beginning on
page 9 of the brief, summarized as follows. Appellant
states that Attachment A shows the introduction dates
of the competitor’s dispensers, after the filing date
of the present application. Appellant states that the
fact that dispensers of foil were sold in the food
industry was known by everyone who wraps their food
products at home. Appellant states that Attachment A
demonstrates that the success of the roll foil
dispenser business is not related to the selling
price, as in most cases, the prices of Product Club
are higher than the competition. Appellant states
that Attachment A also shows that the success of roll
foil is not related to the colors, as the five colors
chosen are industry standards. Appellant states that
Attachment A shows that the success of the roll foil
business is not related to the overall length of roll
foil that is offered for sale as this is also industry
standard. Brief, page 9. Appellant also states that
a further indication of non-obviousness is copying.
Appellant states that as shown by Attachment A,
Product Club introduced the dispenser of the present
application in January of 2000. The other companies
in the industry who offered the dispenser with the
metal cutting edge began introducing them from March
2001 to July 2001. Brief pages 9-10. See also
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