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IN RE HARVEY

Nos. 92-1564, 93-1064.

12 F.3d 1061 (1993)

In re Reid HARVEY.

United States Court of Appeals, Federal Circuit.

December 7, 1993.

Attorney(s) appearing for the Case

Thomas J. Scott, Jr., Howrey & Simon, Washington, DC, argued, for appellant.

Murriel E. Crawford, Associate Sol., Office of the Sol., Arlington, VA, argued, for appellee. With her on the brief was Fred E. McKelvey, Sol. Of counsel were, Richard E. Schafer, Lee E. Barrett and Albin F. Drost, Office of the Sol.

Before NEWMAN, MICHEL and SCHALL, Circuit Judges.

MICHEL, Circuit Judge.

Reid Harvey appeals from decisions of the Board of Patent Appeals and Interferences (Board) of the Patent and Trademark Office (PTO), which affirmed final rejections of Harvey's design patent applications, Serial Nos. 07/172,904 ('904) and 07/172,906 ('906). The ornamental designs for vases of the '904 and '906 applications were held obvious under 35 U.S.C. § 103 (1988). Because we conclude that the Board misapplied the obviousness standard...

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