Patent Court Decision, 2019Heo3854, decided October 24, 2019 (Tooth Brush
Head Case)

The toothbrush head of the claimed design at issue has a space in which the

toothbrush head is not bristled in an oval shape at the top, appearing as ‘  ’
when viewed from the plane, whereas the toothbrush head of prior design
1 ‘  ’ does not have a space in which the toothbrush head is not bristled
as such. Due to such differences above, the claimed design at issue may be
considered as having an aesthetic value which is different from that of prior
design 1 when viewed in its entirety, and thus it is difficult to consider that
a skilled person could easily create the same by combining prior design 1
with prior design 2  , because the two designs differ in terms of the main
creative motif, under only the circumstances that prior design 2 discloses a
toothbrush design equipped with a circular empty space without the toothbrush
head being bristled in the center of the toothbrush head, it ought to be deemed
that it would be difficult for a skilled person to have motivation to form an
empty oval space without the toothbrush head being bristled at the top of
the toothbrush head as in the claimed design at issue.