Examples -

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Sybilla synthesizes a new compound but can find no use for it. She is denied a patent on the composition of matter by the USPTO.

Hypothetical Example No. 2. Margaret invents an apparatus that appears to be capable of perpetual motion with no energy input. She is denied a patent on the apparatus by the USPTO.

Hypothetical Example No. 3. Henri invents a "black box" that he asserts in his patent application will levitate any body to which it is attached and files a U.S. patent application claiming his discovery. He is unable to provide credible evidence to the USPTO that his device is operable. He is denied a patent by the USPTO.

Case Law. The following examples from U.S. case law teach this concept:

Brenner, Commissioner of Patents v. Manson, 383 U.S. 519 (1966) A process that does not produce a useful product is found unpatentable.
Newman v. Quigg, 877 F.2d 1575, 11 USPQ 2d 1340 (CAFC 1989) A persistent inventor is unsuccessful at obtaining a patent for a perpetual motion machine.


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