In re Brandstadter

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

The information submitted consisted largely of a systems diagram of apparatus for retrieving messages processed by a store and forward communications system. The application omitted any indication of the amount of time and effort which one of ordinary skill would have to expend to develop the program necessary to practice the invention, and lacked even flowcharts of the programs developed to practice the invention. The specification was held insufficient to permit one of ordinary skill in the art to practice the invention without undue experimentation and delay. A statement that the recited functions were "well known data processing functions" was held insufficient.

One of skilled in an art has an expertise above that of the unskilled person, but if the selection of suitable apparatus to carry out the invention would require undue experimentation and delay, the disclosure is inadequate legal consideration for the granting of a patent.