The Federal Circuit overruled the Rosen requirement that a primary reference must look 'basically the same' as the claimed design but maintained the necessity of a primary reference's existence.
A primary reference is essential for applying the first Graham factor in evaluating prior art, as stated by the Federal Circuit in LKQ Corp. v. GM Global Tech.
The Federal Circuit emphasized that a primary reference should be 'something in existence' and not a hypothetical combination of features from prior art, citing In re Jennings rather than Rosen for this distinction.
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