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Application of Bartlett et al.
United States Court of Customs and Patent Appeals
300 F.2d 942, 133 U.S.P.Q. 204 (1962)
Facts
Angelo Bartlett and Elwood Fletcher (the patent applicants) sought to patent an ornamental design for a plastic floor tile. The white-and-gray design used irregular streaks and blobs to achieve a marble-like effect. The United States Patent and Trademark Office (PTO) rejected the application on the ground that a prior-art reference made the design unpatentable. To reach this decision, the PTO employed a test under which the degree of difference between the new design and the prior art was evaluated from the perspective of the average observer. The patent applicants appealed to the United States Court of Customs and Patent Appeals.
Rule of Law
Issue
Holding and Reasoning (Rich, J.)
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