MISCELLANEOUS - Appendices and Other

Indicia case law

A decision was rendered in 1954 pertaining to indicia. In re Montgomery states: Patentable novelty cannot be principally predicated on mere printed matter and arrangements thereof, but must reside basically in physical structure. In re Montgomery, 102 USPQ 248 (CCPA 1954). Although this decision is old, it is pertinent in today's world, whether in displays where an application is trying to patent the word "caution" over "warning", or in online media, where layouts of text should be considered a design choice. The current case law cited for these situations in the MPEP are not as good as In re Montgomery, and I think it should be included in the manual. This should be included in 2112.01, subsection III.

Last Edited by Kristina Junge

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Idea No. 206