Law School Case Briefs

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Application of Albert A. Carletti and Welsh C. Whittlesey

Court of Customs and Patent Appeals (1964) | 328 F.2d 1020; 51 C.C.P.A. 1094

3 min read

TL;DR: A design patent for a gasoline drum gasket was denied because its features, such as concentric ribs, were dictated solely by function (creating a better seal) rather than by ornamental or aesthetic considerations, making it ineligible for design patent protection.

Legal Significance: This case solidifies the functionality doctrine in design patent law, holding that a design whose configuration is dictated solely by functional requirements is not "ornamental" under 35 U.S.C. § 171 and is therefore unpatentable.