# In re Bergy

> Court of Customs and Patent Appeals · October 6, 1977 · 563 F.2d 1031

URL: https://www.frixlaw.com/law-library/cases/8903614

## Case

- **Full name:** In the Matter of the APPLICATION OF Malcolm E. BERGY, John H. Coats, and Vedpal S. Malik
- **Court:** Court of Customs and Patent Appeals
- **Decided:** October 6, 1977
- **Citations:** 563 F.2d 1031; 195 U.S.P.Q. (BNA) 344; 1977 CCPA LEXIS 113
- **Precedential status:** Published
- **Opinion:** Concurrence by Kashiwa
- **Judges:** Kashiwa, Miller, Rich
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated by Parker v. Bergy, 438 U.S. 902 (1978).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8903614

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8903614. Public record. Not legal advice.