Application of Hruby

373 F.2d 997, 153 U.S.P.Q. 61 (1967)

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Application of Hruby

United States Court of Customs and Patent Appeals
373 F.2d 997, 153 U.S.P.Q. 61 (1967)

Facts

The United States Patent and Trademark Office Board of Appeals (the board) rejected John Hruby’s claims for an ornamental water-fountain design in four patent applications. The accompanying illustrations depicted water in motion. The board found that the design was not patentable under § 171 of the patent statute because of its dependence on nozzles and flowing water. Hruby appealed the rejections as a single case to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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