Application of Hruby
United States Court of Customs and Patent Appeals
373 F.2d 997, 153 U.S.P.Q. 61 (1967)
- Written by Eric Miller, JD
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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