bonito boats thunder craft boats argued december decided february petitioner developed hull design fiberglass recreational boat marketed trade name bonito boat model manufacturing process involved creating hardwood model sprayed fiberglass create mold mold served produce finished fiberglass boats sale patent application filed protect utilitarian design aspects hull manufacturing process finished boats produced bonito market six years florida legislature enacted statute prohibits use direct molding process duplicate unpatented boat hulls forbids knowing sale hulls duplicated petitioner subsequently filed action florida circuit alleging respondent violated statute using direct molding process duplicate bonito fiberglass hull knowingly selling duplicates petitioner sought damages injunctive relief award attorney fees florida law trial granted respondent motion dismiss complaint ground statute conflicted federal patent law therefore invalid supremacy clause federal constitution florida appeals florida affirmed held florida statute supremacy clause pp decisions made clear state regulation intellectual property must yield extent clashes federal patent statute balance public right private monopoly designed promote certain creative activity efficient operation federal patent system depends upon substantially free trade publicly known unpatented design utilitarian conceptions sears roebuck stiffel compco lighting state law interferes enjoyment conception contravenes ultimate goal public disclosure use centerpiece federal patent policy moreover creation rights essentially redirect inventive efforts away careful criteria patentability developed congress last years pp offering protection ideas deemed unprotected federal patent scheme florida statute conflicts strong federal policy favoring free competition ideas merit patent protection lear adkins florida statute prohibit unfair competition usual sense term rather aimed promoting inventive effort preventing efficient exploitation design utilitarian conceptions embodied product endows original boat manufacturer rights world similar scope operation rights accorded federal patentee protection made available unlimited number years boat hulls component parts protection available subject matter patent protection denied expired well designs freely revealed consuming public creators case statute operates allow petitioner assert substantial property right design idea already available public six years pp florida statute restrict means reproduction eliminate conflict federal patent scheme essence statute grants original manufacturer right prohibit form reverse engineering product general circulation one rights granted federal patent holder never part state protection law unfair competition trade secrets study recomposition unpatented articles available public large may lead significant advances technology design moreover threat reverse engineering unpatented articles creates significant spur achievement rigorous standards patentability established congress substantially altering competitive reality florida statute similar state laws may erect substantial competitors federal patent scheme result contravene congressional intent create uniform system determining boundaries public private right utilitarian design ideas kewanee oil bicron distinguished pp patent copyright clauses federal constitution force negative implication deprive power adopt rules promote intellectual creation within jurisdictions congress left field free federal regulation goldstein california even design utilitarian conceptions within subject matter patent laws may place limited regulations exploitation unpatented ideas prevent consumer confusion source tortious appropriation trade secrets law unfair competition state trade secret law coexisted harmoniously federal patent protection almost years congress demonstrated full awareness operation state law areas without indication disapproval silkwood said florida scheme issue congress explicitly considered need additional protections industrial designs declined act according protection otherwise unprotected design utilitarian aspects products general circulation florida statute enters field regulation patent laws reserved congress therefore supremacy clause federal constitution pp delivered opinion unanimous tomas morgan russell argued cause petitioner briefs granger cook john schoene charles lipsey appointment argued cause amicus curiae support judgment brief donald dunner briefs amici curiae urging reversal filed boston whaler geoffrey stewart james quarles iii william lee intellectual property owners donald banner herbert wamsley marine industries association south florida et al julius parker jack skelding james york deputy attorney general florida robert butterworth attorney general pro se orange county patent law association et al randall glenn wick thomas mccarthy briefs amici curiae urging affirmance filed aftermarket body parts association et al james fitzpatrick melvin garbow peter grossi certified automobile parts association garbow fitzpatrick xenetics biomedical edward irons alex devience filed brief imos italia torino industries amicus curiae justice delivered opinion must decide today limits operation federal patent system places ability offer substantial protection utilitarian design ideas patent laws leave otherwise unprotected interpart italia appeals federal circuit concluded california law prohibiting use direct molding process duplicate unpatented articles posed threat policies behind federal patent laws case florida came contrary conclusion struck florida statute prohibits use direct molding process duplicate unpatented boat hulls finding protection offered florida law conflicted balance struck congress federal patent statute encouragement invention free competition unpatented ideas granted certiorari resolve conflict affirm judgment florida september petitioner bonito boats bonito florida corporation developed hull design fiberglass recreational boat marketed trade name bonito boat model app designing boat hull required substantial effort part bonito set engineering drawings prepared hardwood model created hardwood model sprayed fiberglass create mold served produce finished fiberglass boats sale placed market sometime september indication record patent application ever filed protection utilitarian design aspects hull process hull manufactured favorably received boating public broad interstate market developed sale ibid may bonito available public six years florida legislature enacted stat statute makes unlawful person use direct molding process duplicate purpose sale manufactured vessel hull component part vessel made another without written permission person statute also makes unlawful person knowingly sell vessel hull component part vessel duplicated violation subsection damages injunctive relief attorney fees made available ny person suffers injury damage result violation statute statute made applicable vessel hulls component parts duplicated use direct molding july december bonito filed action circuit orange county florida complaint alleged respondent thunder craft boats thunder craft tennessee corporation violated florida statute using direct molding process duplicate bonito fiberglass hull knowingly sold duplicates violation florida statute bonito sought temporary permanent injunction prohibiting thunder craft continuing unlawfully duplicate sell bonito boat hulls components well accounting profits treble damages punitive damages attorney fees app respondent filed motion dismiss complaint arguing decisions sears roebuck stiffel compco lighting florida statute conflicted federal patent law therefore invalid supremacy clause federal constitution app trial granted respondent motion divided appeals affirmed dismissal petitioner complaint appeal sharply divided florida agreed lower courts conclusion florida law impermissibly interfered scheme established federal patent laws see majority read decisions sears compco proposition article introduced public domain patent eliminate inherent risk competition limited time relying federal circuit decision interpart case three dissenting judges argued florida antidirect molding provision prohibit copying unpatented item prohibits one method copying item remains public domain shaw dissenting ii article cl constitution gives congress power promote progress science useful arts securing limited times authors inventors exclusive right respective writings discoveries patent clause reflects balance need encourage innovation avoidance monopolies stifle competition without concomitant advance progress science useful arts noted past clause contains grant power certain limitations upon exercise power congress may create patent monopolies unlimited duration may authorize issuance patents whose effects remove existent knowledge public domain restrict free access materials already available graham john deere kansas city inception federal patent laws embodied careful balance need promote innovation recognition imitation refinement imitation necessary invention lifeblood competitive economy soon adoption constitution first congress enacted patent act allowed grant limited monopoly years applicant hath invented discovered useful art manufacture device improvement therein known used stat addition novelty act required invention sufficiently useful important merit right exclusion ibid section act required patentee deposit secretary state specification possible model new invention specification shall particular said models exact distinguish invention discovery things known used also enable workman person skilled art manufacture make construct use end public may full benefit thereof expiration patent term ibid first patent act established agency known commissioners promotion useful arts composed secretary state secretary department war attorney general two grant patent thomas jefferson first secretary state driving force behind early federal patent policy jefferson central tenet patent system free market economy machine possessed might applied every man use susceptible writings thomas jefferson memorial ed viewed grant patent rights idea already disclosed public akin ex post facto law obstruct ing others use possessed jefferson also played large role drafting nation second patent act became law patent act carried requirement subject patent application known used application ch stat defense infringement action created thing thus secured patent originally discovered patentee use described public work anterior supposed discovery patentee thus outset federal patent law difficult business drawing line things worth public embarrassment exclusive patent writings thomas jefferson supra today patent statute remarkably similar law known jefferson protection offered hoever invents discovers new useful process machine manufacture composition matter new useful improvement thereof since congress also made protection available new original ornamental design article manufacture qualify protection design must present aesthetically pleasing appearance dictated function alone must satisfy criteria patentability novelty requirement patentability presently expressed provide person shall entitled patent unless invention known used others country patented described printed publication foreign country invention thereof application patent invention patented described printed publication foreign country public use sale country one year prior date application patent case pennock dialogue pet justice story applied principles patent law patentee developed new technique manufacture rubber hose conveyance air fluids invention reduced practice letters patent sought granted interval patentee licensed third party market hose feet new product sold city philadelphia alone concluded patent invalid due prior public sale indicating inventor suffers thing invented go public use publicly sold use voluntary act acquiescence public sale use abandonment right noted common law england letters patent unavailable protection articles public commerce time application doctrine immediately embodied first patent laws passed country holding pennock makes clear federal patent scheme creates limited opportunity obtain property right idea inventor decided lift veil secrecy work must choose protection federal patent dedication idea public large judge learned hand put condition upon inventor right patent shall exploit discovery competitively ready patenting must content either secrecy legal monopoly metallizing engineering kenyon bearing auto parts cert denied addition requirements novelty utility federal patent law long required innovation anticipated prior art field even particular combination elements novel literal sense term qualify federal patent protection contours traced existing technology field improvement work skillful mechanic inventor hotchkiss greenwood congress codified judicially developed requirement refuses protection new developments differences subject matter sought patented prior art subject matter whole obvious time invention made person ordinary skill art said subject matter pertains nonobviousness requirement extends field unpatentable material beyond known public include readily deduced publicly available material person ordinary skill pertinent field endeavor see graham taken together novelty nonobviousness requirements express congressional determination purposes behind patent clause best served free competition exploitation either already available public may readily discerned publicly available material see aronson quick point pencil stringent requirements patent protection seek ensure ideas public domain remain use public applicant whose invention satisfies requirements novelty nonobviousness utility willing reveal public substance discovery best mode carrying invention granted right exclude others making using selling invention throughout period years federal patent system thus embodies carefully crafted bargain encouraging creation disclosure new useful nonobvious advances technology design return exclusive right practice invention period years inventor may keep invention secret reap fruits indefinitely consideration disclosure consequent benefit community patent granted exclusive enjoyment guaranteed seventeen years upon expiration period knowledge invention inures people thus enabled without restriction practice profit use dubilier condenser attractiveness bargain effectiveness inducing creative effort disclosure results effort depend almost entirely backdrop free competition exploitation unpatented designs innovations novelty nonobviousness requirements patentability embody congressional understanding implicit patent clause free exploitation ideas rule protection federal patent exception moreover ultimate goal patent system bring new designs technologies public domain disclosure state law protection techniques designs whose disclosure already induced market rewards may conflict purpose patent laws decreasing range ideas available building blocks innovation offer federal protection competitive exploitation intellectual property rendered meaningless world substantially similar state law protections readily available limited extent federal patent laws must determine protected also free use cf arkansas electric cooperative arkansas public service federal decision forgo regulation given area may imply authoritative federal determination area best left unregulated event much force decision regulate emphasis original thus past decisions made clear state regulation intellectual property must yield extent clashes balance struck congress patent laws tension desire freely exploit full potential inventive resources need create incentive deploy resources constant clear patent laws strike balance particular circumstance judgment may long held expiration federal patent subject matter patent passes free use public matter federal law see coats merrick thread laintiffs right use embossed periphery expired patent public right make use never patented kellogg national biscuit singer mfg june mfg public paid congressionally mandated price disclosure may render exchange fruitless offering protection subject matter expired patent expiration patent monopoly created ceases exist right make thing formerly covered patent becomes public property singer supra decisions sears roebuck stiffel compco lighting found publicly known design utilitarian ideas unprotected patent occupied much position subject matter expired patent sears case involved pole lamp originally designed plaintiff stiffel secured design mechanical patents lamp sears purchased unauthorized copies lamps able sell retail price practically equivalent wholesale price original manufacturer sears supra stiffel brought action sears federal district alleging infringement two federal patents unfair competition illinois law district found stiffel patents invalid due anticipation prior art nonetheless enjoined sears sales duplicate lamps based finding consumer confusion illinois law unfair competition appeals affirmed coming conclusion illinois law unfair competition prohibited product simulation even absence evidence defendant took action induce confusion source reversed finding unlimited protection copying illinois law accorded unpatentable item whose design fully disclosed public sales conflicted federal policy embodied patent laws stated present case pole lamp sold stiffel held entitled protection either mechanical design patent unpatentable article like article patent expired public domain may made sold whoever chooses sears copy stiffel design sell lamps almost identical sold stiffel every right federal patent laws sweep decisions sears compco subject heated scholarly judicial debate see symposium product simulation right wrong colum rev lear adkins black concurring part dissenting part read highest level generality two decisions taken stand proposition completely disabled offering form protection articles processes fall within broad scope patentable subject matter see since potentially patentable includes anything sun made man diamond chakrabarty citation omitted broadest reading sears prohibit regulating deceptive simulation trade dress tortious appropriation private information extrapolation broad principle sears inappropriate clear balance struck sears sears made plain may protect businesses use trademarks labels distinctive dress packaging goods prevent others imitating markings misleading purchasers source goods sears supra omitted trade dress course potentially subject matter design patents see rogers keene yet decision sears clearly indicates may place limited regulations circumstances designs used order prevent consumer confusion source thus sears speaks absolutist terms conclusion may place conditions use trade dress indicates implicit recognition state regulation potentially patentable unpatented subject matter ipso facto federal patent laws implicit decision sears made explicit subsequent decisions concerning scope federal state regulation subject matter patent thus kewanee oil bicron held state protection trade secrets operate frustrate achievement congressional objectives served patent laws despite fact state law protection available ideas clearly fell within subject matter patent concluded nature degree state protection conflict federal policies encouragement patentable invention prompt disclosure innovations several factors critical conclusion first public awareness trade secret definition limited noted policy matter public domain must remain public domain incompatible existence trade secret protection second kewanee emphasized rade secret law provides far weaker protection many respects patent law point central conclusion trade secret protection conflict either encouragement disclosure policies federal patent law public large remained free discover exploit trade secret reverse engineering products public domain independent creation thus possibility trade secret protection divert inventors creative effort necessary satisfy rigorous demands patent protection remote indeed ibid finally certain aspects trade secret law operated protect noneconomic interests outside sphere congressional concern patent laws noted fundamental human right privacy threatened industrial espionage condoned made profitable omitted indication congress considered interest balance struck patent laws state protection interfere policies behind patent system since reaffirmed pragmatic approach kewanee takes state laws dealing protection intellectual property see aronson state law displaced merely contract relates intellectual property may may patentable free regulate use intellectual property manner inconsistent federal law time consistently reiterated teaching sears compco ideas placed public without protection valid patent subject appropriation without significant restraint aronson supra heart sears compco conclusion efficient operation federal patent system depends upon substantially free trade publicly known unpatented design utilitarian conceptions sears state law offered equivalent patent monopoly functional aspects product placed public commerce absent protection valid patent noted decisions since sears taken decidedly less rigid view scope federal patent laws kewanee supra believe sears correctly concluded may offer protection intellectual creations otherwise remain unprotected matter federal law novelty nonobviousness requirements federal patent law grounded notion concepts within public grasp obvious readily tools creation available provide baseline free competition upon patent system incentive creative effort depends state law substantially interferes enjoyment unpatented utilitarian design conception freely disclosed author public large impermissibly contravenes ultimate goal public disclosure use centerpiece federal patent policy moreover creation rights essentially redirect inventive efforts away careful criteria patentability developed congress last years understand reasoning core decisions sears compco reaffirm reasoning today iii believe florida statute issue case substantially impedes public use otherwise unprotected design utilitarian ideas embodied unpatented boat hulls run afoul teaching decisions sears compco readily apparent florida statute operate prohibit unfair competition usual sense term understood law unfair competition roots tort deceit general concern protecting consumers confusion source concern may result creation rights communicative symbols focus protection consumers protection producers incentive product innovation judge hand captured distinction well crescent tool kilborn bishop wrote plaintiff right lose customers false representations wares fact may monopolize design pattern however trifling defendant hand may copy plaintiff goods slavishly minutest detail may represent plaintiff sale contrast operation unfair competition law florida statute aimed directly preventing exploitation design utilitarian conceptions embodied product sparse legislative history surrounding enactment indicates intended create inducement improvement boat hull designs see tr meeting transportation committee florida house representatives may reprinted app inducement quality boat manufacturer improve designs secondly immediately copied prevent allow recourse circuit accomplish goal florida statute endows original boat hull manufacturer rights world similar scope operation rights accorded federal patentee like patentee beneficiary florida statute may prevent competitor making product evidently efficient manner available selling product produced fashion compare florida scheme offers protection unlimited number years boat hulls component parts without regard ornamental technological merit protection available subject matter patent protection denied expired well designs freely revealed consuming public creators case bonito fiberglass hull freely exposed public period excess six years purposes federal law stands stead item patent expired denied unpatented unpatentable see whether determination unpatentability commercial concerns petitioner chose expose hull design public marketplace eschewing bargain held federal patent system disclosure exchange exclusive use yet florida statute allows petitioner reassert substantial property right idea thereby constricting spectrum useful public knowledge moreover without careful protections high standards innovation limited monopoly contained federal scheme think clear protection conflicts federal policy ideas general circulation dedicated common good unless protected valid patent lear adkins florida statute remove means reproduction sale eliminate conflict federal scheme see kellogg essence florida law prohibits entire public engaging form reverse engineering product public domain clearly one rights vested federal patent holder never part state protection law unfair competition trade secrets see kewanee trade secret law however offer protection discovery reverse engineering starting known product working backward divine process aided development manufacture see also chicago lock fanberg lock purchaser lock subsequent publication serial code correlation example independent invention reverse engineering expressly allowed trade secret doctrine duplication boat hulls component parts may essential part innovation field hydrodynamic design variations size combination various elements may lead significant advances field reverse engineering chemical mechanical articles public domain often leads significant advances technology florida may prohibit particular method study recomposition unpatented article fail see principle prohibit state banning use chromatography reconstitution unpatented chemical compounds use robotics duplication machinery public domain moreover noted kewanee competitive reality reverse engineering may act spur inventor creating incentive develop inventions meet rigorous requirements patentability florida statute substantially reduces competitive incentive thus eroding general rule free competition upon attractiveness federal patent bargain depends protections state trade secret law effective developmental stage product marketed threat reverse engineering becomes real period patentability often uncertain prospect certain extent protection offered trade secret law may dovetail incentives created federal patent monopoly see goldstein kewanee oil bicron notes closing circle rev contrast florida scheme inventor aware outset efforts rights public available regardless ability satisfy rigorous standards patentability indeed appears even mundane obvious changes design boat hull trigger protections statute see stat protecting manufactured vessel hull component part given substantial protection offered florida scheme dismiss hypothetical possibility become significant competitor federal patent laws offering investors similar protection without quid pro quo substantial creative effort required federal statute prospect establishing similar protections preferred industries without rigorous requirements patentability prescribed congress pose substantial threat patent system ability accomplish mission promoting progress useful arts finally allowing create rights various products public circulation lead administrative problems small dimension federal patent scheme provides basis public ascertain status intellectual property embodied article general circulation application process detailed information concerning claims patent holder compiled central location see availability damages infringement action made contingent upon affixing notice patent protected article notice requirement designed information public wine railway appliance enterprise railway equipment provides ready means discerning status intellectual property embodied article manufacture design public may rely upon lack notice exploiting shapes designs accessible see devices medicine boehl ca fed sold product unmarked patentee hardly maintain entitlement damages use purchaser uninformed use violate patent florida scheme blurs clear federal demarcation public private property one fundamental purposes behind patent copyright clauses constitution promote national uniformity realm intellectual property see federalist wright ed since patent act congress lodged exclusive jurisdiction actions arising patent laws federal courts thus allowing development uniform body law resolving constant tension private right public access see see also chisum allocation jurisdiction state federal courts patent litigation rev recently congress conferred exclusive jurisdiction patent appeals appeals federal circuit order provide nationwide uniformity patent law purpose frustrated florida scheme renders status design utilitarian ideas embodied boat hulls protects uncertain given inherently ephemeral nature property ideas great power property cause harm competitive policies underlay federal patent laws demarcation broad zones public private right type regulation demands uniform national rule ray atlantic richfield absent federal rule state afford protection particularly favored home industries effectively insulating competition outside state petitioner supporting amici place great weight contrary decision appeals federal circuit interpart italia upholding application california antidirect molding statute duplication unpatented automobile mirrors federal circuit stated statute prevents unscrupulous competitors obtaining product using plug making mold statute prohibit copying design product way latter public domain free anyone make use sell went indicate patent laws say nothing right copy right use speak terms right exclude quoting mine safety appliances electric storage battery pat find reasoning defective several respects federal circuit apparently viewed direct molding statute issue interpart mere regulation use chattels yet purpose antidirect molding statutes reward inventor offering substantial protection public exploitation idea embodied product statutes exercise futility precisely effect substantially limiting ability public exploit otherwise unprotected idea amicus points direct molding process use since early see brief charles lipsey amicus curiae indeed patent issued robert smith explicitly discloses claims method direct molding boat hulls specifications smith patent indicate major object present invention provide method making large molded boat hull molds low cost prototype hull provided app brief charles lipsey amicus curiae fact appears bonito employed similar process creation production mold see supra difficult conceive effective method creating substantial property rights intellectual creation eliminate efficient method exploitation sears compco protect right public contemplate abstract beauty otherwise unprotected intellectual creation assure efficient reduction practice sale marketplace appending conclusionary label unscrupulous competitive behavior merely endorses policy judgment patent laws leave free make item general circulation unprotected patent eproduction functional attribute legitimate competitive activity inwood laboratories ives laboratories white concurring result see also bailey logan square typographers stevens hat published may freely copied matter federal right finally somewhat troubled interpart reference mine safety case proposition patent laws say nothing right copy right use noted federal standards patentability minimum express congressional determination protection unwarranted certain classes intellectual property simply free regard offer equivalent protections ideas congress determined belong almost years well established case expired patent federal patent laws create federal right copy use sears compco extended rule potentially patentable ideas fully exposed public interpart assertion contrary puzzling flies face decisions applying teaching sears compco contexts see power controls hybrinetics ca fed well established action unfair competition based upon functional design gemveto jewelry jeff cooper ca fed vacating injunction copying jewelry designs issued state law unfair competition view sears compco decisions hold copying article unprotected federal patent copyright laws protected state law decisions since sears compco made clear patent copyright clauses force negative implication deprive power adopt rules promotion intellectual creation within jurisdictions see aronson goldstein california kewanee thus congress determines neither federal protection freedom restraint required national interest goldstein supra remain free promote originality creativity domains fact particular item lies within subject matter federal patent laws necessarily preclude offering limited protection impermissibly interfere federal patent scheme sears makes clear may place limited regulations use unpatented designs order prevent consumer confusion source kewanee found state protection trade secrets applied patentable unpatentable subject matter conflict federal patent laws situations state protection aimed exclusively promotion invention state restrictions use unpatented ideas limited necessary promote goals outside contemplation federal patent scheme law unfair competition state trade secret law coexisted harmoniously federal patent protection almost years congress given indication operation inconsistent operation federal patent laws see florida lime avocado growers paul bass indeed affirmative indications congress law unfair competition trade secret protection consistent balance struck patent laws section lanham act stat creates federal remedy making false designation origin false description representation including words symbols tending falsely describe represent congress thus given federal recognition many concerns underlie state tort unfair competition application sears compco nonfunctional aspects product shown identify source must take account competing federal policies regard similarly justice marshall noted concurring opinion kewanee state trade secret laws federal patent laws many many years time congress repeatedly demonstrated full awareness existence trade secret system without indication disapproval indeed congress number instances given explicit federal protection trade secret information provided federal agencies kewanee supra concurring result citation omitted case federal particularly weak congress indicated awareness operation state law field federal interest nonetheless decided stand concepts tolerate whatever tension silkwood said florida statute issue offers protection beyond available law unfair competition trade secret without showing consumer confusion breach trust secrecy florida statute aimed directly promotion intellectual creation substantially restricting public ability exploit ideas patent system mandates shall free use like interpretation illinois unfair competition law sears compco florida statute represents break tradition peaceful coexistence state market regulation federal patent policy florida law substantially restricts public ability exploit unpatented design general circulation raising specter monopolies host useful shapes processes patent protection denied otherwise unobtainable thus enters field regulation patent laws reserved congress patent statute careful balance public right private monopoly promote certain creative activity scheme federal regulation pervasive make reasonable inference congress left room supplement rice santa fe elevator congress considered extending various forms limited protection industrial design either copyright laws relaxing restrictions availability design patents see generally brown design protection overview ucla rev congress explicitly refused take step copyright laws see despite sustained criticism number years declined alter patent protections presently available industrial design see report president commission patent system doc lindgren sanctity design patent illusion reality city rev congress determine present system design utility patents ineffectual promoting useful arts context industrial design offering protection ideas deemed unprotected present federal scheme florida statute conflicts strong federal policy favoring free competition ideas merit patent protection lear therefore agree majority florida florida statute preempted supremacy clause judgment hereby affirmed ordered respects protection accorded florida statute resembles patent claim one product defined least part terms method process made chisum patents long end product process adequately defined novel nonobvious patent process may support patent resulting product see patent trademark office manual patent examining procedure rev ed article may claimed process making provided definite florida statute issue grants boat hull manufacturers substantial control use particular process sale article created process without regard novelty nonobviousness either end product process created federal law type protection unavailable petitioner absent satisfaction requirements patentability see thorpe ca fed patent properly denied end result indistinguishable prior art