Legal Opinion
Application of Stevens
Court of Customs and Patent Appeals
Decided April 12, 1949No. Patent Appeal 5550PublishedCited by 22 opinions
1Opinion of the Court
HATFIELD, Judge.
This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting the single claim in appellant’s application for a patent for a design for a rotary brush. The claim was rejected on the ground of lack of invention over the prior art and on the further ground that appellant’s design is hidden from view in normal use so that its appearance is immaterial.
The appealed claim reads:
“The ornamental design for a rotary brush substantially as shown and described.”
The reference relied on is:
White .…
2Cases cited7 opinions
- In Re FaustmannCourt of Customs and Patent Appeals · 1946
- North British Rubber Co. v. Racine Rubber Tire Co. of New York, Inc.Court of Appeals for the Second Circuit · 1921
- Wagner Typewriter Co. v. F. S. Webster Co.U.S. Circuit Court for the District of Southern New York · 1906
- Williams Calk Co. v. KemmererCourt of Appeals for the Third Circuit · 1906
- Williams Calk Co. v. Neverslip Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Static Control Components, Inc. v. Lexmark International, Inc.Court of Appeals for the Sixth Circuit · 2012
- Door-Master Corporation, Plaintiff-Cross v. Yorktowne, Inc., and Conestoga Wood Specialties, Inc.Court of Appeals for the Federal Circuit · 2001
- In Re John D. Webb, Jr., Roy Y. Hori, and George E. SimpsonCourt of Appeals for the Federal Circuit · 1990
- KeyStone Retaining Wall Systems, Inc. v. Westrock, Inc.Court of Appeals for the Federal Circuit · 1993
- In re ZahnCourt of Customs and Patent Appeals · 1980
17 more not listed; retrieve them via the Exa API.