In re Fisher
United States Court of Appeals for the Federal Circuit
421 F.3d 1365 (2005)
Fisher's (plaintiff) patent application claimed five expressed sequence tag (EST) gene fragments from maize, disclosing seven potential research uses including genome mapping, measuring gene expression, and providing PCR primers, but Fisher admitted the underlying genes the ESTs were transcribed from served no known function; the application examiner and the Board of Patent Appeals and Interferences rejected the claims for lack of utility under 35 U.S.C. section 101, and Fisher appealed.
Whether, to meet the substantial and specific utility requirements, a patent application must show that the claimed invention provides a significant, presently available, well-defined, and particular benefit to the public.