Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
sensors sold
under the license agreement (APatented CO Sensors@).
(Id. at & 4). Mr. Cochran states that from 1999 to 2001 there was a 26.7% increase
in sales of the licensed CO Sensors. (Id. at & 8).
Mr. Cochran=s declaration fails to identify the structural features of the
commercially available gas sensor sold under the license. Specifically, beyond the
licensed sensors ability to detect carbon monoxide, little is known about the
specific materials used to form the sensor and how the sensor operates.
Accordingly, we are unable to determine whether the commercially available gas
sensors are commensurate in scope with those claimed by Atwood.
Mr. Cochran=s declaration fails to demonstrate that the increase in sales of
the licensed CO sensors resulted from unique characteristics of the claimed
invention as opposed to other economic and commercial factors unrelated to the
technical nature of the claimed subject matter. Mr. Cochran=s declaration is
accorded little, if any, weight on the issue of obviousness.
At oral argument, counsel for Atwood argued that the licensed product
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