Appeal No. 2004-1240
Application No. 09/742,691
supported soundly by sufficient motivation found in
the prior art. Therefore, the legitimate inferences
from the art of record are too strong to be affected
by the weight to which the Anders affidavit is
entitled. In re Lindell, 385 F. 2d 453, 455, 155 USPQ
521, 524 (CCPA 1967.
E. Declarations of Sorbie, Tanas, and Benbassette
With regard to the Declarations of Sorbie,
Benbassette and Tanas, appellant states that these
declarants state that there were no foil dispensers
with integrated cutting blades used to dispense hair
foil for the Beauty Industry, having the features of
the claimed invention. Brief, page 9. Appellant
states that these declarants indicate that the
integrated metal cutting edge was instrumental in
their buying decisions. Brief, page 10. We refer to
pages 10 –11 of the brief, and to each Declaration,
regarding the specific statements made by each of
these declarants. Each of these Declarations are
summarized below.
The Sorbie Declaration contains statements
applauding the integrated metal cutting edge that
enables “to cut the foil quickly, efficiently, and
precisely”.
The Tanas Declaration contains statements
pointing out that previous products produced an
inaccurate edge to the foil and generated a lot of
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