In Re John D. Webb, Jr., Roy Y. Hori, and George E. Simpson
Court of Appeals for the Federal Circuit
1Opinion of the Court
CLEVENGER, Circuit Judge.
This is an appeal from a decision of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (“Board”) affirming the final rejection of the sole claim of appellants’ (“Webb”) U.S. Design Patent Application Serial No. 833,-470. The claim for “[t]he ornamental design for a grooved femoral hip stem prosthesis as shown and described,” was “rejected as being unpatentable under 35 U.S.C. § 171 as being directed to non-statutory subject matter.” The design can be appreciated from Figure 2 of the application reproduced below.
The Board affirmed the…
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