MRC Innovations, Inc. v. Hunter MFG., LLP

Case Number: CLB0326

Date: 04.02.2014

Citation: No. 2013-1433

When determining obviousness in a design application, a two-step test is used. First, a primary reference must be identified, this primary reference being “something in existence” that has “basically the same” appearance as the claimed design. Second, other references can be used to modify the primary reference “to create a design that has the same overall visual appearance of the claimed design.”

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