Application of Elaine Lustig

The majority opinion makes no reference to certain decisions of this court in prior design cases which I think have particular applicability to the present case. They are very pertinent to the basic issue here before us and not distinguishable in principle. However, for reasons not stated, the majority does not seem to follow those cases. The cases to which I refer are:

In re Faustmann, 155 F.2d 388, 33 CCPA 1065. (typewriter keyboard)

In re Jennings, 182 F.2d 207, 37 CCPA 1023. (vacuum condenser)

In re Bartlett, 300 F.2d 942, 49 CCPA 969. (plastic floor tile)

In re McKay, 316 F.2d 952, 50 CCPA…