DESIGN

In the law or evidence. Pur• pose 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 in- · vention. Binns v. Woodruff, 4 Wash. C. C. 48, Fed. Oas. 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 decor at;ive or ornamental character. "Design patimts" are contrasted 'l:9'ith "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. Odeli (D. C.) 18 Fed. 321; Binns v. Wood• ruff, 3 Fed. Cus. 424; Henderson v. Tompkins (C. C.) 60 F'ed. 758. "Design, in!h~ 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, make.a an im• pre ion, through the eye, upon the mind of the observer. '!.'be e ence of a design resides, not in the elements individually, nor in their method of arrangement, but in the tout ensemble-in that indefinable who!~ that a.wakens some sen• sation in the observer's mind. Impre ions thus imparted may be complex or simple; in one a mingled impre ion of gracefulne and strength, in another the impre ion of strength alone. But whatever the impre ion, there is attached In the mind of the observer, to the object observed, a sense of uniquene and character." Pelouze Scale Co. v. American Cutlery Go., 102 Fed. 918, 43 C. 0. A. 52. - De■i,:natlo.fu■ticiariorum e■t a rege1.f-ari■dictio vero _ordina.ria a Ieee. 4 Jns;:.74. The appointment.of •justiet!II 1s b;y. the [s. 366]