Varian v. Llewellyn

I dissent. A divided court today is reversing the decision reached previously by an unanimous court. Nothing is found in the majority opinion rendered today to demonstrate the now supposed unsoundness of the original opinion. Persuaded as I am that the court’s error today is fundamental, I must, with all due respect to my senior associates, recite my reasons for disagreeing with them.

At the beginning, it is well to consider in detail the nature of the inventions herein involved, for no proper understanding may be reached of fundamental issues raised in this interference without at least an…