Appeal 2007-0122
Application 10/358,626
hairbrush just as it reduces fatigue in fingers grasping a writing implement.
The evidence is sufficient to support the Examiner’s finding of a suggestion
to make the combination and, therefore, supports a prima facie case of
obviousness.
To overcome the prima facie case of obviousness, Appellant relies
upon a showing of secondary considerations including long-felt need. Of
the facts discussed in Appellant’s Brief, the following facts are supported by
objective evidence.
Industrie, a division of Newell Rubbermaid, launched a line of
hairbrushes with deformable handles (containing plasmium liquid gel) in
early 2004 (Exhibits A and C). According to the “Industrie Launches at
Isse” clipping (Exhibit C), the liquid gel filling within the handle allows the
handle to conform to the stylist’s hand. The brushes were made available to
salons in February, 2004 (Exhibit C clipping).
The President of Indrustrie is quoted as saying: “We saw an
opportunity in the market for a premium product line that’s targeted to
stylists, with unique features and benefits that make their jobs easier.” The
President is further quoted as saying: “We recognize there hasn’t been a
great deal of innovation in helping them to do their job better.” (Exhibit A).
According to “Newell’s Industrie Targets Stylists” (Exhibit A) and
“Industrie Launches at ISSE” (Exhibit C), celebrity stylist Cydney Cornell
used an Industrie brush and is quoted as saying “I love a product that makes
my job easier.”
The McCall patent issued in 1991 and there was a 13 year gap
between the issuance of that patent and the launch of the Industrie
hairbrushes.
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