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

Ex Parte Quayle – Third Most Cited Case The third 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 Parte Quayle still

The analogous art requirement determines the scope of prior art that can be considered when assessing whether a claimed design is obvious or anticipated. It exists because a person of ordinary skill “could not possibly be aware of every teaching in every art.” In re Wood, 599 F.2d 1032, 1036