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Ex Parte Bertieri

29105570 (B.P.A.I. Jan. 10, 2003)
Ex Parte Bertieri

5 Cited authorities

  1. In re Borden

    90 F.3d 1570 (Fed. Cir. 1996)   Cited 28 times   9 Legal Analyses
    Affirming the Board's affirmance of an obviousness rejection where the examiner found "differences between the [prior art] and appellant's design had little or no effect on the overall appearance of the design"

  2. In re Harvey

    12 F.3d 1061 (Fed. Cir. 1993)   Cited 30 times   3 Legal Analyses
    Reversing a finding of obviousness under 35 U.S.C. § 103 because it "should have focused on actual appearances, rather than `design concepts'"

  3. In re Rosen

    673 F.2d 388 (C.C.P.A. 1982)   Cited 40 times   28 Legal Analyses
    Concluding that two glass coffee tables were “significantly different in concept” because the primary reference “does not give the same visual impression of lightness and suspension in space conveyed by appellant's table”

  4. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,174 times   493 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  5. Section 171 - Patents for designs

    35 U.S.C. § 171   Cited 337 times   70 Legal Analyses
    Protecting "any new, original and ornamental design for an article of manufacture ...."