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Planting A Standard: Proposing A Broad Reading Of In Re Elsner, Alicia L. Frostick
Planting A Standard: Proposing A Broad Reading Of In Re Elsner, Alicia L. Frostick
Michigan Law Review
This Note will show that one can read Elsner broadly to encompass both plant-type and widget-type inventions, and that applying Elsner to both plants and widgets is within the current statutory framework and case law. Such a reading would change the § 102 bar for inventions patentable under § 10i29 (hereinafter referred to as "widgets") as well as for plants. Part I of this Note argues that congressional sources require a flexible test-one that does not prejudice any objects under the Patent Act. Part II discusses the judicial interpretation of the Patent Act prior to Elsner in order to argue …