693. Eye the judge.

Old designs1 are validly registered only in respect of features of shape, configuration, pattern or ornament2 which in the finished article appeal to and are judged by the eye3. It is necessary that a design should show some new effect clearly distinguishable by the eye from what has gone before4 and that the change should be such that some degree of real mental activity has been needed for its production5. The criteria on which the court acts differ according to whether the improvement has or lacks artistic merit. A new and agreeable artistic effect often defies analysis of its