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How are differences between the claimed design and prior art evaluated?

By russ.krajec@blueironip.com | September 27, 2024

When evaluating differences between the claimed design and prior art for nonobviousness, the MPEP emphasizes that it’s the overall appearance that matters: “In determining patentability under 35 U.S.C. 103, it is the overall appearance of the design that must be considered. See In re Leslie, 547 F.2d 116, 192 USPQ 427 (CCPA 1977).” The MPEP…

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