Opinion

In re Bergy

  • 563 F.2d 1031
  • 195 U.S.P.Q. (BNA) 344
  • 1977 CCPA LEXIS 113
Court
Court of Customs and Patent Appeals
Filed
Oct 6, 1977
Status
Published
Author
Kashiwa
On the bench
Kashiwa, Miller, Rich
Cited by
3 cases

Vacated by Parker v. Bergy, 438 U.S. 902 (1978)

The opinion

KASHIWA, Judge, *

concurring.

I agree with the result and the reasoning of the opinion by Judge Rich joined by Chief Judge Markey. Nevertheless, I wish to emphasize, out of a super-abundance of caution, that I read the majority opinion as setting forth an extremely limited holding. While the PTO and the dissenting opinion raise the specter of patenting higher forms of living organisms, quite clearly the majority opinion does not support such a broad proposition. Each case must necessarily be considered on its own facts. On the facts of this ease, I join the narrow confines of the majority opinion.

Judge of the United States Court of Claims sitting by designation pursuant to 28 U.S.C. § 293 (a).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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