William O. Douglas

“ But however ingenious the discovery of that natural principle may have been, the application of it is hardly more than an advance in the packaging of the inoculants. Each of the species of root-nodule bacteria contained in the package infects the same group of leguminous plants which it always infected. No species acquires a different use. The combination of species produces no new bacteria, no change in the six species of bacteria, and no enlargement of the range of their utility. Each species has the same effect it always had. The bacteria perform in their natural way. ”

“ It only confuses the issue, however, to introduce such terms as 'the work of nature' and the 'laws of nature.' For these are vague and malleable terms infected with too much ambiguity and equivocation. ”

“ But the phrase 'the claims cover a composite culture' might mean 'a particular composite culture' or 'any composite culture.' The Circuit Court of Appeals seems to me to have proceeded on the assumption that only 'a particular composite culture' was devised and patented by Bond, and then applies it to 'any composite culture' arrived at by deletion of mutually inhibiting strains, but strains which may be quite different from Bond's composite culture. ”

“ There is, of course, an advantage in the combination. The farmer need not buy six different packages for six different crops. He can buy one package and use it for any or all of his crops of leguminous plants. And, as respondent says, the packages of mixed inoculants also hold advantages for the dealers and manufacturers by reducing inventory problems and the like. But a product must be more than new and useful to be patented; it must also satisfy the requirements of invention or discovery. ”

“ The bacteria produced by the laboratory methods of culture are placed in a powder or liquid base and packaged for sale to and use by agriculturists in the inoculation of the seeds of leguminous plants. ”

“ This is a patent infringement suit brought by respondent. The charge of infringement is limited to certain product claims [1] of Patent No. 2,200,532 issued to Bond on May 14, 1940. Petitioner filed a counterclaim asking for a declaratory judgment that the entire patent be adjudged invalid. [2] The District Court held the product claims invalid for want of invention and dismissed the complaint. ”