Ex parte Moore
United States Patent Office Board of Appeals
115 U.S.P.Q. 145 (1957)
Francis Miller moved into a newly built house and soon found that a peach tree was growing in the yard. Miller assumed that the peach tree had been planted by one of the builders who worked on the house. For the next several years, Miller nurtured the tree. William Moore, an expert in orchard trees and friend of Miller, noticed that the tree was an unknown variety. Miller, who had assumed the tree to be a standard peach tree, gave Moore permission to take grafts and asexually reproduce the tree. Moore succeeded in reproducing the tree and applied for a plant patent. The patent office rejected Moore’s application, reasoning that it was Miller who found the tree. Moore appealed to the patent office’s board of appeals.
Rule of Law
Holding and Reasoning (Taylor, J.)
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