In re Bergy’s Empirical Analysis
563 F.2d 1031 · 1977
Citation profile
Relationships
Applies 28 U.S.C. § 293 · 35 U.S.C. § 101 · 35 U.S.C. § 103 · 35 U.S.C. § 112 · 35 U.S.C. § 161 · 7 U.S.C. § 2321 (Patent and Plant Variety Protection Remedy Clarification Act)
Relies on Griffin v. Oceanic Contractors, Inc. · Gottschalk v. Benson · The M/v 'Tungus' v. Skovgaard E · Cochrane v. Deener · Funk Bros. Seed Co. v. Kalo Inoculant Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Microorganism The novel actinomycete used according to this invention for the production of lincomycin is Streptomyces vellosus. One of its strain characteristics is the production of lincomycin without the concomitant production of lincomycin B. Another of its strain characteristics is the production of comparable titers of lincomy-cin at a temperature of 28 °C. and 45 °C. A subculture of this living organism can be obtained upon request from the permanent collection of the Northern Regional Research Laboratories, Agricultural Research Services, U.S. Department of Agriculture, Peoria, Illinois, U.S.A. Its accession number in this repository is NRRL 8037.”
1 later decision quote this exact passagee.g. In re Bergy“Under patent law, protection is presently limited to those varieties of plants which reproduce asexually, that is, by such methods as grafting or budding. No protection is available to those varieties of plants which reproduce sexually, that is, generally by seeds. Thus, patent protection is not available with respect to new varieties of most of the economically important agricultural crops, such as cotton or soybeans. [Emphasis added.]”
1 later decision quote this exact passage · from the dissente.g. In re Bergy“Microbiological process for preparing the antibiotic lincomycin at temperatures ranging from 18 °C. to 45 °C. using the newly discovered microorganism Strepto-myces vellosus. The subject process advantageously results in the preparation of lincomycin without the concomitant production of lincomycin B (4'-depropyl-4'-ethyllincomycin). The absence of linco-mycin B production results in increased lincomycin recovery efficiency.”
1 later decision quote this exact passagee.g. In re Bergy
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.