Appeal. No. 2014-26812
The subject design was registered as it has creativity
The rectangle shape of each area in which a content icon is shown and the way of the arrangement are usual as shown in the citations, and thus they have no creativity. However, each of the rectangle areas is for showing only the higher part of each content icon, and this feature is not shown in any of the citations, which just indicates the rectangle part is to show the entire part of each content icon. Therefore, this feature has creativity.
- My comments
The creativity was admitted because the feature was indicated by the reference view with the explanation.
We can learn from the present case that if the shapes or arrangements of a GUI do not have creativity, it is important to specify the use or purpose of the GUI in order to generate creativity. Please note that specifying these after Office Actions is limited, and thus we need to do that at the time of filing applications.
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