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In re Brandstadter

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Citation Edit

In re Brandstadter, 484 F.2d 1395, 179 U.S.P.Q. (BNA) 286 (C.C.P.A. 1973) (full-text).

Factual Background Edit

The invention was an apparatus which permitted subscribers of a store and forward communications system to retrieve messages from dedicated files. An "alternative" embodiment suggested the replacement of one of the apparatus units disclosed in block diagrams with "stored program routines employed in conjunction with . . . common control unit 30.[1] No listings or flowcharts were provided.[2]

C.C.P.A. Proceedings Edit

The court upheld the Patent Office rejections based on Section 112 because the applicant had refused to provide the Patent Office either an appraisal of the effort required to produce the program or a "bare bones flowchart.”[3]

Under these circumstances, the Patent Office could reasonably conclude that the average person skilled in the art might be put to "unreasonable experimentation and delays" in coming into possession of the apparatus to carry out the invention.[4]


  1. 484 F.2d at 1399, 179 U.S.P.Q. (BNA) at 288.
  2. Id. at 1403, 179 U.S.P.Q. (BNA) at 292.
  3. Id. at 1407, 179 U.S.P.Q. (BNA) at 295.
  4. Id.

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