In re Nalbandian
United States Court of Customs and Patent Appeals
661 F.2d 1214 (1981)
Relevant factsFree
Nalbandian filed a patent application for the design of illuminable tweezers, and the U.S. Patent and Trademark Office (PTO) rejected it based on a similar prior patent to Johnson for illuminable tweezers, with the two designs differing only in minor details of the gripping prongs and housing fluting. The rejection was affirmed on appeal, and Nalbandian appealed further, offering evidence of the tweezers' commercial success.
IssueFree
Whether the obviousness of a design patent is assessed from the perspective of an ordinarily capable designer of the type of articles presented in the patent application.
Related cases
New Boston Television v. Entertainment Sports Programming Network215 U.S.P.Q. (BNA) 755 (1981)Centurion Industries, Inc. v. Warren Steurer and Associates665 F.2d 323 (1981)Perfect Fit Industries v. Acme Quilting Co.646 F.2d 800 (1981)In re Nantucket, Inc.677 F.2d 95 (C.C.P.A. 1982)In re Morton-Norwich Products, Inc.671 F.2d 1332 (1982)