What is the significance of In re Otto in patent law?

In re Otto is a significant case in patent law, particularly for apparatus claims. According to MPEP 2115, the case established that:

“[I]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)

The case involved claims directed to a core member for hair curlers. The court held that the patentability of the device could not be based on the procedure for using it or the material it worked upon. This principle helps examiners and practitioners focus on the structural elements of an apparatus claim rather than its intended use or materials processed.

To learn more:

• In re Otto
• apparatus claims
• material worked upon
• article worked upon
• case law