Sarah Burstein on Nostr: The current test (referred to by the plaintiff here as the "Rosen-Durling test") has ...

The current test (referred to by the plaintiff here as the "Rosen-Durling test") has two steps:

1) First, the challenger (or examiner) must find a single reference that looks "basically the same" as the claimed design.

2) If they find one, they can then use other references to argue that the design is obvious (to oversimplify a bit).

For more details, see this article: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162