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the statutory term “process.”  The court’s decision affects present and future rights and 
incentives, and usurps the legislative role.  The judicial role is to support stability and 
predictability in the law, with fidelity to statue and precedent, and respect for the 
principles of stare decisis. 
Patents provide an incentive to invest in and work in new directions.  In United 
States v. Line Materials Co., 333 U.S. 287, 332 (1948), Justice Burton, joined by Chief 
Justice Vinson and Justice Frankfurter, remarked that “the frontiers of science have 
expanded until civilization now depends largely upon discoveries on those frontiers to 
meet the infinite needs of the future.  The United States, thus far, has taken a leading 
part in making those discoveries and in putting them to use.”  This remains true today.  
It is antithetical to this incentive to restrict eligibility for patenting to what has been done 
in the past, and to foreclose what might be done in the future.