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Keywords

statuteappealpatentlegislative intent

statuteappealpatent

Related Cases

In re Arzberger, 27 C.C.P.A. 1315, 112 F.2d 834, 46 U.S.P.Q. 32

Facts

Cornelius F. Arzberger applied for a plant patent for a species of bacteria named Clostridium saccharo-butyl-acetonicum-liquefaciens, which he cultured from Louisiana cane field soil. The application was rejected by the examiner on the grounds that the subject matter did not fall within the plant patent provisions and lacked invention. The Board of Appeals affirmed this decision, leading to Arzberger's appeal.

This application relates to a species of bacteria. This species of bacteria is named by applicant Clostridium saccharo-butyl-acetonicum-liquefaciens and cultured by him from Louisiana cane field soil.

Issue

Whether the bacteria described in the application can be classified as a 'plant' under the plant patent provisions of the statute.

Whether Congress, in classifying as patentable any distinct and new variety of plant, intended to include in the term 'plant' all organic matter which may be scientifically classified as plants.

Rule

The statute classifies as patentable any distinct and new variety of plant, other than a tuber-propagated plant, that is invented or discovered and asexually reproduced. The interpretation of 'plant' in this context is based on common language rather than strict scientific classification.

Under statute classifying as patentable any distinct and new variety of plant, other than a tuber-propagated plant, invented or discovered and asexually reproduced, Congress in using the word 'plant' was speaking in the common language of the people and did not use the word in its strict scientific sense.

Analysis

The court analyzed the legislative history and intent behind the plant patent statute, concluding that Congress did not intend to include bacteria within the definition of 'plant.' The court emphasized that while bacteria may possess some plant characteristics, they do not fit the common understanding of what constitutes a plant for patent purposes.

In holding that said bacteria are not plants within the meaning of said provision the examiner held that the scientific classification of bacteria in the living kingdom is in doubt, stating that: 'The scientific classification of bacteria in the living kingdom is in doubt. The authorities recognize that bacteria are not plants in the strict sense.'

Conclusion

The court affirmed the Board of Appeals' decision, holding that the bacteria in question do not qualify as a patentable plant under the relevant statute.

For the reasons hereinbefore stated, the decision of the Board of Appeals is affirmed.

Who won?

The Board of Appeals and the United States Patent Office prevailed in this case. The court upheld their decision that the bacteria described in Arzberger's application do not meet the statutory definition of a plant. The reasoning was based on the interpretation of legislative intent, which indicated that the term 'plant' was meant to refer to organisms commonly recognized as plants, excluding bacteria.

The Board of Appeals affirmed the decision of the examiner upon both grounds of rejection.

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