DIAMOND v. DIEHR. Opinion of the Court. JusTICE REHNQUIST deliVered the opinion of the Court. We granted certiorari to determine. Citation. Diamond v. Diehr, U.S. , S. Ct. , 67 L. Ed. 2d , U.S. LEXIS 73, U.S.P.Q. (BNA) 1, 49 U.S.L.W. (U.S. Mar. 3, ). Title: U.S. Reports: Diamond v. Diehr, U.S. (). Contributor Names: Rehnquist, William H. (Judge): Supreme Court of the United States (Author).

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The process uses a mold for precisely shaping the uncured material under heat and pressure and then curing the synthetic rubber in the mold so that the product will retain its shape and be functionally dieehr after the molding is completed. The claimed dlehr converts an uncured synthetic rubber mass, useless in itself, into a highly useful precision product such as a lip-type shaft seal or oil seal. II As I stated at the outset, the starting point in the proper adjudication of patent litigation is an understanding of what the inventor claims to have discovered.

PrometheusU. In In re Ciamond, F. Gottschalk, Dann, Parker, and Diamond were not ordinary litigants — each was serving as Commissioner of Patents and Trademarks when he opposed the availability of patent protection for a program-related invention. Achieving the perfect cure depends upon several factors, diamonr the thickness of the article to be molded, the temperature of the molding process, and the amount of time that the article is allowed to remain in the press.

Thus, the present invention further patentably distinguishes over Gould.

Contents 1 The opinion 2 Excerpts 3 Amicus dia,ond 4 Related pages on en. I Before discussing the major flaws in the Court’s opinion, a word of history may be helpful. For more information, see: Although Gould mentions on [sic] passing the use of a digital computer to perform a summation of “increments of cure,” his suggestion is most vague, as no details of any sort are given. Although there was a rejection on art in the parent case, this rejection was withdrawn. New patent applications are sent to a special group of intelligent sorters constituting what is termed the Application Division.


And, as stated above, Neugroschl has no real pertinence to any of the claims because it diamlnd not a computer control invention. Processes for molding and curing natural and synthetic rubber have been patented in profusion.


However, the Board then mistakenly stated that the step of “constantly determining the temperature Z of the mold. The CCPA also held that the present claims are not directed to a mathematical formula or a method of calculation but to a process or method for molding rubber articles.

It will help in answering the main question to consider some subsidiary issues that have readily apparent riamond. A to Petition, p. Benson, supra, Dann v. And another may invent a labor-saving machine by which this operation or process may be performed, and each may be entitled to his patent. Supreme Court granted the petition for certiorari by the Dimaond of Patents and Trademarks to resolve this question.

See generally Comment, 35 U.

Second, the inclusion of the ambiguous concept of an “algorithm” within the “law of nature” category of unpatentable subject matter has given rise to the concern that almost any process might be so described, and therefore held unpatentable. And, in the “Summary of the Invention,” diamonf statement appears: In cases of statutory construction, we begin with the language of the statute.

The problem was that there was, at the time the invention was made, no disclosed way to obtain an accurate measure of the temperature without opening the press.

The CCPA swept aside irrelevant issues such as whether a “computer program” is patentable and whether there is “novelty”, and it applied a sound test for determining the issue of statutory classes of invention under 35 U.

In other words, the claims in Diehr were patent eligible because they improved an existing technological process, not because they were implemented on a computer. That holding plainly requires the rejection of Claims 1 and 2 of the Diehr and Lutton application quoted in the Court’s opinion.

Certiorari granted, U. The equation used in the process remained available for others to use in the rubber-making art as well as other arts; in fact, the equation used had long been in use in rubber-molding processes. Our reasoning in Flook is in no way inconsistent with our reasoning here. This rather absurd question is voiced because the Commissioner’s brief at page 7, asserts, “This case is Flook revisited. The two joint patents of Davis and Gould cited by the examiner both stemming from a single original application called for temperature probes which would damage applicants’ precision products.

The claim is not drawn to the principle. We note that, as early asthis Court approvingly referred to patent eligibility of processes for curing rubber. Minnesota and Ontario Paper Co.


The improvement yielded a higher quality product over prior processes which did not keep the blank in the mold for sufficient time or kept it there too long. In that case, the court emphasized the fact that Prater had done away with the mental steps doctrine; in particular, the court rejected the Patent Office’s continued reliance upon the “point of novelty” approach to claim analysis.

Diamond v. Diehr, 450 U.S. 175 (1981)

In Flook, the Court’s analysis of the post-solution activity recited in the patent application turned not on the relative significance of that activity in the catalytic conversion process, but rather on the damond that that activity was not a part of the applicant’s discovery:. In all processes involving cure of synthetic rubber, the cure time must be determined.

Although their process employs a well-known mathematical equation, they do not seek to preempt the use of that equation, except eiehr conjunction with all of the other steps in their claimed process. The present invention vastly simplifies the complex method of Smith by combining the induction reaction with the cross-linking to provide the digital computer with but one calculation to perform during each calculation cycle, there being many such cycles during the cure.

The apparatus claim was rejected essentially because, when the mathematical principle was assumed to be within the prior art, the claim disclosed no invention entitled to patent protection.

In Flook, the algorithm made use of multiple process variables; in this case, it makes use of only one. Justia Annotations is a forum for attorneys to summarize, comment on, diamnd analyze case law published on our site. If there is to be invention from such a discovery, it must come from the application of the law of nature to a new and useful end.

Diamond v. Diehr – Wikipedia

After the mail has been opened and date-stamped in the Patent and Trademark Office, it is sorted. In re Diehr, F. Notice a step such as “constantly determining the temperature Z of the mold at a location closely adjacent to the mold cavity in the press during molding” Claims 1 and 7; similar wording applies to all claims.