CAMPBELL SOUP COMPANY, CAMPBELL SALES COMPANY, TRINITY MANUFACTURING, LLC, Appellants
GAMON PLUS, INC., Appellee
Appeals from the United States Patent and Trademark Office,
Patent Trial and Appeal Board in Nos. IPR2017-00091,
Zurzolo Quinn, Holland & Knight LLP, Philadelphia, PA,
argued for all appellants. Appellants Campbell Soup Company,
Campbell Sales Company also represented by Steven E.
Jedlinski, Chicago, IL.
B. Pavane, Cozen O'Connor, New York, NY, for appellant
Trinity Manufacturing, LLC. Also represented by Darren Scott
L. Tiajoloff, Tiajoloff & Kelly LLP, New York, NY, argued
Prost, Chief Judge, Newman and Moore, Circuit Judges.
Soup Company, Campbell Sales Company, and Trinity
Manufacturing, LLC ("Appellants") appeal the final
written decisions of the Patent Trial and Appeal Board
holding Appellants did not demonstrate that the claimed
designs of U.S. Patent Nos. D612, 646 and D621, 645 would
have been obvious over U.S. Patent No. D405, 622
("Linz") and G.B. Patent Application No. 2, 303,
624 ("Samways"). Because substantial evidence does
not support the Board's finding that Linz is not a proper
primary reference, and substantial evidence supports the
Board's finding that Samways is not a proper primary
reference, we affirm-in-part, vacate-in-part, and remand.
Plus, Inc. owns the '646 and '645 patents, which each
claim: "The ornamental design for a gravity feed
dispenser display, as shown and described." The sole
figure of the '646 patent is depicted below.
133. The Board described the claimed design as follows:
[T]he single embodiment of the patent design illustrates and
claims certain front portions of a gravity feed dispenser
display. From top to bottom, a generally rectangular surface
area, identified by the parties as an access door or label
area, is curved convexly forward. . . . The label area is
taller vertically than it is wide horizontally, however, the
boundary edges of the label area are not claimed. Below the
label area there is a gap between the label area and the top
of a cylindrical object lying on its side - the gap being
approximately the same height as the label area. The width of
the label area is generally about the same as the height of
the cylindrical object lying on its side. The height of the
cylindrical object (lying on its side) is longer than its
diameter. The cylindrical article is positioned partially
forward of the label area. Two rectangular lugs, or stops,
are positioned in front of the cylindrical object on each
bottom side and stand vertically. The rectangular lugs are
taller vertically than they are wide horizontally and they
stand vertically adjacent the cylindrical object about
halfway up the diameter of the cylindrical object.
J.A. 67 (internal citations omitted). The only figure of the
'645 patent is identical, except the edges at the top and
bottom of the cylindrical object lying on its side and the
stops at the bottom of the dispenser are shown in broken
lines. Additionally, the figure of the '645 patent
includes a small circle shown in broken lines near the middle
of the label area.
petitioned for inter partes review, and the Board
instituted on the grounds that the sole claim in each of the
'646 and '645 patents would have been obvious over
(1) Linz in view of Samways, (2) Samways, or (3) Samways in
view of Linz. Linz discloses a "display rack" as
shown in the figure below. J.A. 696.
discloses a dispenser with "a serpentine delivery path .
. . along which cylindrical objects to be dispensed can move
under the action of gravity." J.A. 701. An example of
Samways' dispenser is shown in the figure below.