Legal Opinion

Walter E. Durling v. Spectrum Furniture Company, Inc.

Court of Appeals for the Federal Circuit

Decided November 18, 1996No. 96-1119PublishedCited by 53 opinions

1Opinion of the Court

CLEVENGER, Circuit Judge.

Walter E. Durling (Durling) appeals the decision of the United States District Court for the . Middle District of North Carolina that the sole claim of United States Patent No. Des. 339,243 (the ’243 patent) is invalid because it is obvious under 35 U.S.C. § 103. We reverse for lack of a primary reference.

I

Since 1989, Durling has served as a freelance furniture designer in Tupelo, Mississippi. In the spring of 1991, the president of Global Furniture Company (Global) requested that Durling prepare a design for a low-cost sectional sofa group with a corner table and…

2Cases cited4 opinions

  1. In Re Reid HarveyCourt of Appeals for the Federal Circuit · 1993
  2. In re RosenCourt of Customs and Patent Appeals · 1982
  3. Margaret Lyles v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1985
  4. In Re Joseph BordenCourt of Appeals for the Federal Circuit · 1996

3Cited by53 opinions

  1. Egyptian Goddess, Inc. v. Swisa, Inc.Court of Appeals for the Federal Circuit · 2008
  2. Oddzon Products, Inc. v. Just Toys, Inc., Lisco, Inc. And Spalding & Evenflo Companies, Inc., Defendants/cross-AppellantsCourt of Appeals for the Federal Circuit · 1997
  3. Apple, Inc. v. Samsung Electronics Co., Ltd.Court of Appeals for the Federal Circuit · 2012
  4. Rosco, Inc. v. Mirror Lite Company, Defendant-CrossCourt of Appeals for the Federal Circuit · 2002
  5. International Seaway Trading Corp. v. Walgreens Corp.Court of Appeals for the Federal Circuit · 2009

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