Legal Opinion
In re Yardley
Court of Customs and Patent Appeals
Decided March 28, 1974No. Patent Appeal No. 9098PublishedCited by 12 opinions
1Opinion of the Court
LANE, Judge.
This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner’s rejections of the claim in appellant’s application1 for an ornamental design for a watch. There are two rejections: (1) a rejection based on obviousness under 35 U.S.C. § 103, and (2) a rejection based on estop-pel in view of prior copyright registrations. We reverse.
The Claimed Design
Appellant’s design comprises a novelty watch face with a caricatured figure thereon. Extended arms and hands serve as the hour and minute hands of the watch. The drawing in the application is reproduced…
2Cases cited19 opinions
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Mazer v. SteinSupreme Court of the United States · 1954
- Application of Deister Concentrator Company, IncCourt of Customs and Patent Appeals · 1961
- Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Company, Inc.Court of Appeals for the Second Circuit · 1958
- DeJonge & Co. v. Breuker & Kessler Co.Supreme Court of the United States · 1914
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3Cited by12 opinions
- Kohler Co. v. Moen Incorporated, F/k/a Stanadyne, Inc.Court of Appeals for the Seventh Circuit · 1993
- Apple Computer, Inc. v. Microsoft Corp.District Court, N.D. California · 1992
- Mechanical Plastics Corp. v. Tital Technologies, Inc.District Court, S.D. New York · 1993
- Transmatic, Inc. v. Gulton Industries, Inc., and Patent License Corp.Court of Appeals for the Sixth Circuit · 1979
- Zachary v. Western Publishing Co.California Court of Appeal · 1977
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