Top 50 Design Patent Case #5 In re Thorington The number five most cited case in design patent prosecutions is In re Thorington, 418 F.2d 528 (CCPA 1969). This case stands for the principle that a nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but
Top 50 Design Patent Cases #4 In re Blum The number four cited case in design patent prosecutions is In re Blum, 374 F.2d 904 (CCPA 1967). This case stands for two principles. First, broken lines may not be used to represent an immaterial or unimportant part of a claimed
Top 50 Design Patent Cases #2 – Gorham v. White The number two cited case in design patent prosecutions is Gorham v. White 81 U.S. 511 (1871). Gorham is the first design patent case decided by the United States Supreme Court. It established two major principles. First, a design patent
Top 50 Design Patent Cases #1 – International Seaway Trading Corporation v. Walgreens Corp. The number one cited case in design patent prosecutions is International Seaway Trading Corporation v. Walgreens Corp., 589 F.3d 1233 (Fed. Cir. 2009). This case stands for the principle that the ordinary observer test is the
Top 50 Design Patent Cases # 3 Ex Parte Quayle The number 3 most cited case in design patent prosecutions is Ex Parte Quayle, 25 USPQ 74 (1935). This should not be surprising since the case is cited on the USPTO’s Office Action Summary form. But ignoring the form, Ex