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DURLING v. SPECTRUM FURNITURE CO., INC.

No. 96-1119.

101 F.3d 100 (1996)

Walter E. DURLING, Plaintiff-Appellant, v. SPECTRUM FURNITURE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 1996.

Attorney(s) appearing for the Case

Clifton Ted Hunt, Charlotte, NC, argued, for plaintiff-appellant.

Blas P. Arroyo, Bell, Seltzer, Park & Gibson (Jeffrey S. Whittle, of counsel), Charlotte, NC, argued, for defendant-appellee.

Before CLEVENGER, Circuit Judge, SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.

CLEVENGER, Circuit Judge.

Walter E. Durling (Durling) appeals the decision of the United States District Court for the Middle District of North Carolina that the sole claim of United States Patent No. Des. 339,243 (the '243 patent) is invalid because it is obvious under 35 U.S.C. § 103. We reverse for lack of a primary reference.

I

Since 1989, Durling has served as a freelance furniture designer in Tupelo, Mississippi. In the spring of 1991...

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