Can functional features be considered in a design patent anticipation rejection?
Functional features generally cannot be relied upon to support patentability in design patent anticipation rejections. The MPEP states: When a claim is rejected under 35 U.S.C. 102 as being unpatentable over prior art, those features of the design which are functional and/or hidden during end use may not be relied upon to support patentability.
Additionally, mere differences in functional considerations do not negate a finding of anticipation when determining design patentability.
This means that examiners should focus on the ornamental aspects of the design rather than its functional features when assessing novelty.
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