Legal Opinion · Dissent

Application of Zoltan TARCZYHORNOCH

Court of Customs and Patent Appeals

Decided June 27, 1968No. Patent Appeal 7910Published

1DissentKirkpatrick, Judge

(dissenting), with whom WORLEY, Chief Judge, joins.

In order to reverse the decision of the Patent Office Board of Appeals, the majority overrules a line of decisions of this court affirming and applying a rule which is about as solidly established as any rule of the patent law. Beginning with a decision in 1901 of the Court of Appeals for the District of Columbia, the predecessor of this court in jurisdiction of appeals from the Patent Office, the rule that a process which amounts to no more than the mere function of a machine is not patentable has been consistently followed over a period of…

2Cases cited3 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Application of Russell C. FlintCourt of Customs and Patent Appeals · 1964
  3. Application of HorvathCourt of Customs and Patent Appeals · 1954

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