In re Brueckner
United States Court of Customs and Patent Appeals
623 F.2d 184, 206 U.S.P.Q. 415 (1980)
- Written by Eric Miller, JD
Facts
Allen Brueckner applied for a patent on fuel pellets for controlled nuclear fusion as well as a method of increasing the efficiency of the accompanying fusion burn. The United States Patent and Trademark Office (PTO) rejected the application under the Atomic Energy Act of 1954, which prohibited the issuance of patents for inventions useful only as atomic or nuclear weapons. Brueckner appealed to the United States Court of Customs and Patent Appeals, asserting that the invention was not intended for use as a weapon.
Rule of Law
Issue
Holding and Reasoning (Miller, J.)
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