Appeal No. 2001-0467
Application No. 29/100,490
locations of the seams abruptly at right angles to the axial
direction of the stalk.
Opinion
The test for determining obviousness of a claimed design
under 35 U.S.C. § 103 is whether the design would have been
obvious to a designer of ordinary skill who designs articles
of the type involved. See In re Carter, 673 F.2d 1378, 1380,
213 USPQ 625, 626 (CCPA 1982) and In re Nalbandian, 661 F.2d
1214, 1216, 211 USPQ 782, 784 (CCPA 1981). Furthermore, in
order to support a holding of obviousness under § 103, there
must be a reference, a something in existence, the design
characteristics of which are basically the same as the claimed
design. See In re Rosen, 673 F.2d 388, 391, 213 USPQ 347, 350
(CCPA 1982).
As regards the combination of references in design cases,
the question is not whether the references sought to be
combined are in analogous arts in the mechanical sense, but
whether they are so related that the appearance of certain
ornamental features in one would suggest the application of
those features to the other. In re Glavas, 230 F.2d 447, 450-
451, 109 USPQ 50, 52-53 (CCPA 1956).
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