In re Seaborg
United States Court of Customs and Patent Appeals
328 F.2d 996 (1964)
Facts
Glenn Seaborg (plaintiff) applied for a patent on the element americium and related isotopes. Seaborg set forth two methods of synthesizing americium, one of which involved the use of a reactor. The United States Patent and Trademark Office appeals board (the board) rejected the application on the ground of anticipation by an earlier patent (the Fermi patent), which disclosed several reactors. Although the Fermi patent did not mention americium, it was later found that americium was inherently produced in the operation of a Fermi reactor. However, the amounts of americium produced in this process were miniscule, around one-billionth of a gram. Seaborg appealed to the United States Court of Customs and Patent Appeals.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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