DESIGN

In the law of evidence. Purpose or intention, combined with plan, or implying a plan in the mind. Burrill, Circ. Ev. 331; State v. Grant, 86 Iowa, 216, 53 N. W. 120; Ernest v. State, 20 Fla. 388; Hogan v. State, 36 Wis. 226. As a term of art,’the giving of a visible form to the conceptions of the mind, or invention. Binns v. Woodruff, 4 Wash. C. C. 48, Fed. Cas. No. 1,424. In patent law. The drawing or depiction of an original plan or conception for a novel pattern, model, shape, or configuration, to be used in the manufacturing or textile arts or the fine arts, and chiefly of a decorative or ornamental character. “Design patents” are contrasted with “utility patents,” but equally involve the exercise of the inventive or originative faculty. Gorham Co. v. White, 14 Wall. 524, 20 L. Ed. 731; Manufacturing Co. v. Odell (D. C.) 18 Fed. 321; Binns v. Woodruff, 3 Fed. Cas. 424; Henderson y. Tompkins (C. C.) 60 Fed. 758. “Design, in the view of the patent law, is that characteristic of a physical substance which, by means of lines, images, configuration, and the like, taken as a whole, makes an impression, through the eye, upon the mind of the observer. The essence of a design resides, not in the elements individually, nor in their method of arrangement, but in the tout ensemblein that indefinable whole that awakens some sensation in the observer’s mind. Impressions thus imparted may be complex or simple; in one a mingled impression of gracefulness and strength, in another the impression of strength alone. But whatever the impression, there is attached in the mind of the observer, to the object observed, a sense of uniqueness and character.” Pelouze Scale Co. v. American Cutlery Co., 102 Fed. 918, 43 C. C. A. 52. Designatio justiciariorum est a regej jnrisdictio vero ordinaria a lege. 4 Inst 74. The appointment of justices is by the king, but their ordinary jurisdiction by the law.