[1] In In re Nuitjen,[2] the United States Court of Appeals for the Federal Circuit said: The Supreme Court has defined "manufacture" (in its verb form) as "the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery."
Diamond v. Chakrabarty, 447 U.S. 303, 308 (1980) (quoting American Fruit Growers, Inc. v. Brogdex Co., 283 U.S. 1, 11 (1931).
The term is used in the statute in its noun form, Bayer AG v. Housey Pharms., Inc., 340 F.3d 1367, 1373 (Fed.
Thus, in American Fruit Growers, Inc. v. Brogdex Co.,[5] the Supreme Court held: Addition of borax to the rind of natural fruit does not produce from the raw material an article for use which possesses a new or distinctive form, quality, or property.
The added substance only protects the natural article against deterioration by inhibiting development of extraneous spores upon the rind.