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1504.01(c) Lack of Ornamentality [R-5] - 1500 Design Patents

1504.01(c) Lack of Ornamentality [R-5] - 1500 Design Patents

(F) When the rejection asserts no period in the commercial life of the article when its ornamentality may be a matter of concern, the applicant must establish that the "article's design is a 'matter of concern' because of the nature of its visibility at some point between its manufacture or assembly and its ultimate use." In re Webb, 916 F.2d 1553, 1558, 16 USPQ2d 1433, 1436 (Fed. Cir. 1990).

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