In re Bergy

I do not share the majority’s conclusion that the Supreme Court’s opinion in Parker v. Flook, 437 U.S. 584, 98 S.Ct. 2522, 57 L.Ed.2d 451, 198 USPQ 193 (1978), sheds no light on these cases. By concentrating on the literal statements of the Court, including the Court’s quotation from its opinion in Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518, 531, 92 S.Ct. 1700, 32 L.Ed.2d 273, 173 USPQ 769, 774 (1972), the majority has missed the essential thrust of the Court’s opinion that, recognizing that Congress could not foresee all new developments in technology and that 35 U.S.C. § 101…