Legal Opinion

In Re Sung Nam Cho

Court of Appeals for the Federal Circuit

Decided February 2, 1987No. 86-973PublishedCited by 16 opinions

1Opinion of the Court

JACK R. MILLER, Senior Circuit Judge.

This appeal is from a decision of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (“board”) sustaining the rejection of appellant’s application for a design patent on a bottle cap under 35 U.S.C. § 103. We reverse.

Background

Appellant filed an application for a design patent on a “crown type” bottle cap having a central cylindrical depression and a generally flat bottom surface in the depression, the bottom surface having a score line that forms a displaceable flap. The ornamental features claimed are best illustrated by the…

2Cases cited4 opinions

  1. Litton Systems, Inc. v. Whirlpool CorporationCourt of Appeals for the Federal Circuit · 1984
  2. In re NalbandianCourt of Customs and Patent Appeals · 1981
  3. In re RosenCourt of Customs and Patent Appeals · 1982
  4. Application of Thomas LambCourt of Customs and Patent Appeals · 1961

3Cited by16 opinions

  1. Avia Group International, Inc., (Formerly Pensa, Inc.) v. L.A. Gear California, Inc.Court of Appeals for the Federal Circuit · 1988
  2. 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
  3. In Re Reid HarveyCourt of Appeals for the Federal Circuit · 1993
  4. In Re Joseph BordenCourt of Appeals for the Federal Circuit · 1996
  5. In Re Bradley C. CarlsonCourt of Appeals for the Federal Circuit · 1993

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