In Re Bilski

DYK, Circuit Judge, with whom LINN, Circuit Judge,

joins, concurring.

While I fully join the majority opinion, I write separately to respond to the claim in the two dissents that the majority’s opinion is not grounded in the statute, but rather “usurps the legislative role.”1 In fact, the unpatentability of processes not involving manufactures, machines, or compositions of matter has been firmly embedded in the statute since the time of the Patent Act of 1793, ch. 11, 1 Stat. 318 (1793). It is our dissenting colleagues who would legislate by expanding patentable subject matter far beyond what…