Application of Marlan E. Bourns

I fully agree with the majority of the court that the design here involved is lacking in patentable merit. It is elementary that invention must be present in order to justify the granting of a design patent and that the standard of invention is not lower in the case of design patents than in others. In re Rousso, 222 F.2d 729, 42 C.C.P.A., Patents, 910, and cases there cited.

In our decision in In re Stover, 146 F.2d 299, 32 C.C.P.A., Patents, 823, we pointed out that a patent may properly issue only where the faculty of invention is exercised in the combining of prior art features to produce…