In re Brown

Citation: In re Brown, 477 F.2d 946, 177 U.S.P.Q. 691 (BNA) (C.C.P.A. 1973).

The claims to an invention relating to a terrestrial navigation system capable of all weather operation were rejected for inadequate disclosure. The most tangible disclosure in the application was of a mathematical model of the system. While a program was said to have been prepared for the mathematical model, no program was disclosed. The court held that although a successful mathematical model may have value in developing a practical system, a discussion of such a model may have value in developing a practical system, a discussion of such a model was not necessarily adequate to disclose how to make the actual invention, particularly where there was so little description of the operative relationships of the elements.

Where an invention involves two technologies, the knowledge of a person skilled in both technologies is the criterion for sufficiency of disclosure. Several lengthy meetings with a person who later submitted an affidavit in support of the application denigrated the value of the affidavit on the issue of adequate disclosure.