context: The requirement of the patent law that an invention or discovery reside in the application of an abstract idea, law of nature, principle, or natural phenomenon is embodied in the language of 35 U.S.C. SS 101. A patent can be awarded to one who "invents or discovers" something within the enumerated classes of subject matter -- "process," "machine," "manufacture," "composition of matter." These terms may not be read in a strict literal sense entirely divorced from the context of the patent law.
citation_a.signal: cf.
citation_a.identifier: 100 S.Ct. 774, 780
citation_a.parenthetical: statutory provisions should be considered in light of the entire statute and purpose
citation_a.sentence: Diehr, 450 U.S. at 185, 101 S.Ct. at 1056, 209 USPQ at 7 (“[E]very discovery is not embraced within the statutory terms.” (emphasis added)); In re Schrader, 22 F.3d 290, 295-96 & n. 11, 30 USPQ2d 1455, 1459-60 & n. 11 (Fed.Cir.1994) (use of terms of art in § 101 is presumed to be in accord with their well-established meaning); cf. Stafford v. Briggs, 444 U.S. 527, 535, 100 S.Ct. 774, 780, 63 L.Ed.2d 1 (1980) (statutory provisions should be considered in light of the entire statute and purpose).
citation_b.signal: no signal
citation_b.identifier: 101 S.Ct. 1056, 1056
citation_b.parenthetical: "[E]very discovery is not embraced within the statutory terms." (emphasis added
citation_b.sentence: Diehr, 450 U.S. at 185, 101 S.Ct. at 1056, 209 USPQ at 7 (“[E]very discovery is not embraced within the statutory terms.” (emphasis added)); In re Schrader, 22 F.3d 290, 295-96 & n. 11, 30 USPQ2d 1455, 1459-60 & n. 11 (Fed.Cir.1994) (use of terms of art in § 101 is presumed to be in accord with their well-established meaning); cf. Stafford v. Briggs, 444 U.S. 527, 535, 100 S.Ct. 774, 780, 63 L.Ed.2d 1 (1980) (statutory provisions should be considered in light of the entire statute and purpose).