Thanks to the very wonderful Patently-O blog for pointing us to this recent draft article by Mueller & Brean on US design patent validity - arguing, as we have done here, that there is little or no place for the obviousness-style approach used in utility patent cases, and that the "ordinary observer" test ought to rule validity as it does infringement.
Also on Patently-O, an illuminating aside on the US approach to the conflicting (or are they?) drivers of functionality and ornamentation, with reference to Bissell Homecare v. Wildwood Industries - it bears careful comparison with the approach of the OHIM Board of Appeal in the Chaff Cutters case reported here a little while back.
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