Certain Electric Power Tools, Battery Cartridges, and ... - USITC

particular item?" (Question 4a).They were then asked again "What causesyou to say that?" and "Anything else?" (Questions 4b and 4c).They werethen asked, "DO you believe that anything about the appearance of this iteminfluenced your identification?" (Question 5a) and "Please explain what itis about the appearance ofthis item that causes you to say that."(Question 5b) and "Anything else?" (Question 5c). (CPX 89(e), Ex. C).299. According to Dr. Jacoby, question number 1 in the survey ofstudies C and S is ambiguous.The phrase "particular item" could refer toeither the category of product or the particular make or brand of theproduct. (Jacoby, Tr. 2860).300. Question SA is a leading question in two respects. First, personswho respond to surveys tend to be .cooperative people.They are moreinclined to say yes than no.Thus, a question phrased as is question 5A ismore likely to solicit an affirmative answer than a negative.A properphraseology could have easily been included to include the affirmative, thenegative and the neutral (I don't know).This question is also leading inthat it asks only about appearance.It therefore directs respondents in acertain way. (Jacoby, Tr. 2861-62).301. Dr. Sorenson at least implicitly admitted that Question 5 could becriticized as leading.He. noted that he did not use the answers to thisquestion in reaching his conclusions. (Sorensen, Tr. 2087, 2095).302. One-of the questions from the pilot survey, "do you believe thatyou have or have not seen this particular item before," was not included inthe final survey. (Sorensen, Tr. 2293-94). Respondents' experts testifiedthat this would have been useful information because it is extremelydifficult if not impossible to establish secondary meaning if something has91