In Campbell Soup Company v. Gamon
Plus, Inc., [2018-2029, 2018-2030] (September 26, 2019)
the Federal Circuit affirmed in part, vacated in part, and remanded
the Patent Trial and Appeal Board's determinations that U.S.
Patent Nos. D612,646 and D621,645 were nonobvious from the cited
prior art.
The '645 and '646 patents are directed to ornamental
design for a gravity feed dispenser display.
The figures are identical except that the edges at the top and
bottom of the supposed can of soup and the stops at the bottom of
the dispenser are shown in broken lines in the '645 patent, and
there is a small circle shown in broken lines near the middle of
the label area.
Campbell Soup Company filed an IPR against both designs, arguing
that the designs were obvious in view of (1) Linz in view of
Samways, (2) Samways, or (3) Samways in view of Linz.
