Legal Opinion
Application of Albert A. Carletti and Welsh C. Whittlesey
Court of Customs and Patent Appeals
Decided March 19, 1964No. Patent Appeal 7039PublishedCited by 18 opinions
1Opinion of the Court
RICH, Judge.
This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of the claim in an application for a design patent, serial No. 56,122, filed May 28, 1959, for “GASKET.”
We do not agree with the rejection predicated on the two prior art references because of obviousness of the design under 35 U.S.C. 103.
The cited references are:
Mixer 301,512 July 8, 1884
Thomas Somerville Co. Catalog No. 52A, (c) 1952, page 136, upper left hand corner, spud washer.
The washer of the Somerville Co. catalog (Lavelle Flanged Spud Washer) has a radially-extending flange and…
2Cases cited4 opinions
- Applied Arts Corp. v. Grand Rapids Metalcraft Corp.Court of Appeals for the Sixth Circuit · 1933
- Hueter v. Compco CorporationCourt of Appeals for the Seventh Circuit · 1950
- Connecticut Paper Products, Inc. v. New York Paper Co.Court of Appeals for the Fourth Circuit · 1942
- Application of Paul W. GarboCourt of Customs and Patent Appeals · 1961
3Cited by18 opinions
- L.A. Gear, Inc., Plaintiff/cross-Appellant v. Thom McAn Shoe Company and Melville Corporation and Pagoda Trading Company, Inc.Court of Appeals for the Federal Circuit · 1993
- Ethicon Endo-Surgery, Inc. v. Covidien, Inc.Court of Appeals for the Federal Circuit · 2015
- Robert W. Lee D/B/A Rollo-Laxer v. Dayton-Hudson Corporation D/B/A Target Stores and Matrix International, Inc.Court of Appeals for the Federal Circuit · 1988
- Rosco, Inc. v. Mirror Lite Company, Defendant-CrossCourt of Appeals for the Federal Circuit · 2002
- Jack T. Hupp and Walkmaker, Inc. v. Siroflex of America, Inc., Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1997
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