Appeal No. 2004-1586
Application No. 10/132,863
matter of claims 1 and 4 through 9 prima facie obvious to one of
ordinary skill in the art.
The appellant appears to argue that evidence of secondary
considerations rebuts any prima facie case established by the
examiner. See, e.g., the Brief, pages 19-25. In support of his
argument, the appellant refers to two declarations executed by
Jim Hart, a general sales manager of the automobile dealership
called “Page Toyota” and Mitch Krane, president and owner of the
automobile dealership called “Krane Chrysler Dodge Inc.”
According to Jim Hart (the “Hart” declaration, page 1),
4. Dealer Concepts presented their keychain concept to
me in the form of an actual key chain with sample
coupons on the back from other dealers they had sold
tags to...my first thought was how simple of an idea
this was and to date, still wonder why I did not think
of it myself . . . sooner.
5. Today the key chain is our #1 customer retention
tool and is currently being attached every new, used
and service customers key chain. The percentage of our
customers that have come back for oil changes has
increased by 22% since we started using the Punch a
Deal Tag.
Mitch Krane states (the “Krane” declaration, page 1) that:
4. Because of the outstanding results I have seen as a
result of implementing these key tags in my marketing
plan, I have recently reordered an additional 2500
tags.
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