What is the significance of In re Leshin in MPEP 2144.07?
What is the significance of In re Leshin in MPEP 2144.07?
The case In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) is cited in MPEP 2144.07 as an important precedent. The section states:
“Mere selection of known plastics to make a container-dispenser of a type made of plastics prior to the invention, the selection of the plastics being on the basis of suitability for the intended use, was held to be nonpatentable.”
This case reinforces the principle that selecting a known material based on its suitability for an intended use is generally not patentable. It demonstrates that even when an inventor chooses a specific type of plastic for a container, if that plastic was known and suitable for such use before the invention, the selection alone is not enough to establish patentability. This case helps patent examiners and practitioners understand how to apply the concept of “art recognized suitability” in evaluating the obviousness of material choices in inventions.
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