Appeal No. 2004-1586
Application No. 10/132,863
5. The Punch a Deal key tag is one of the most cost
effective marketing tools I have used in the
dealership. In the age of more and more 1-1 marketing,
this key tag has been an outstanding success with my
customers. It hangs on their key rings constantly
reminding them of the benefits and discount by bringing
their vehicle back to our service department as opposed
to my competitive aftermarket service centers.
6. Beside being a success at my dealership, I recently won
1st place for “Best Idea” at a recent 20-group meeting.
Having reviewed the “Hart” and “Krane” declarations, we are
not persuaded that the appellant has provided sufficient proof to
rebut the prima facie case established by the examiner. Although
the “Hart” declaration indicates that the percentage of customers
who came back for oil changes was increased by 22%, it does not
indicate whether the advertising and the discount during this
time period remained the same as prior time periods and what
number of customers were used to determine the increased
percentage. Similarly, the “Krane” declaration indicates that
Krane himself reordered additional 2500 “key tags” to be used in
his marketing plan, but it does not indicate what percentage of
customers came back for oil changes and whether his market share
was increased. Finally, it is not clear from both the “Hart” and
“Krane” declarations whether any successes or benefits are due to
the claimed subject matter, i.e, a combination of a key chain and
a plastic having oil change discounts, or the unclaimed subject
13
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007