Novelty (related to Prior designs)
(Conclusion) Novelty should be found. (Applicant won.)
The most common form attracts the attention of the consumer when the aesthetic feeling caused by a form other than the common form is not sufficient to exceed the aesthetic feeling caused by the common form.
It is not immediately possible to judge that the two designs are similar from the aesthetic appearance arising from the common point, and it is necessary to judge the aesthetic appearance arising from the part other than the usual form in order to judge whether or not the two designs are similar.
In light of the fact that the content and degree of the design effect and the form of the applied design relating to the difference are common, the design effect that the forms of the applied design relating to the difference are common is sufficient to exceed the common aesthetic feeling that the form relating to the common point of the two designs is common. Therefore, The applied design is not similar to the Prior design.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>