Application of Lurelle Guild’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is a fundamental principle of patent law that the patenability of a design application is to be tested in the light of its appearance as a whole. Bearing in mind that the law applicable to design patents is not different from that applicable to other patents, the determinative factor relative to the issue of anticipation is founded in identity or substantial similarity of appearances.” In re Lurelle Guild, Etc., 204 F.2d 700 , 703, 40 C.C.P.A. 996 .”

   3 later decisions quote this exact passage
   e.g. In re Balmer · Application of James G. Balmer, Jr

2. ““It is a fundamental principle of patent law that the patentability of a design application is to be tested in the light of its appearance as a whole. Bearing in mind that the law applicable to design patents is not different from that applicable to other patents, the determinative factor relative to the issue of anticipation is founded in identity or substantial similarity of appearances, (at page 703.) ***** “ * * * Design patents are presumably based on what the application therefor, discloses its appearance to be. While, as indicated, the applicant asks that this rule be not applied in this instance because, as evidenced by the proof submitted by him, the McKay process would not actually produce shingles like those shown in the drawings. We agree thoroughly with the examiner and Board of Appeals in rejecting this contention by applicant.” (at page 704.)”

   1 later decision quote this exact passage
   e.g. Aileen Mills Co. v. Ojay Mills, Incorporated