Examples - Industrial Applicability

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Sybilla synthesizes a new compound but can find no use for it. The compound is found to lack industrial applicability.

Hypothetical Example No. 2. Margaret invents an apparatus that appears to be capable of perpetual motion with no energy input. The apparatus is found to lack industrial applicability.

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 PCT patent application claiming his discovery. He is unable to provide credible evidence that his device is operable. The device is found to lack industrial applicability.

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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