J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., 534 U.S. 124, 33 (2001)

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156

J. E. M. AG SUPPLY, INC. v. PIONEER HI-BRED

INTERNATIONAL, INC. Breyer, J., dissenting

PPA—which explicitly amended the Utility Patent Statute by limiting protection to plants produced by graft. Even were that not so, the Court has noted that a later, more specific statute will ordinarily trump the earlier, more general one. See United States v. Estate of Romani, 523 U. S., at 530-533.

Regardless, canons are not mandatory rules. They are guides to help courts determine likely legislative intent. See Chickasaw Nation v. United States, ante, p. 84; see also Circuit City Stores, Inc. v. Adams, 532 U. S. 105, 115 (2001); id., at 137-140 (Souter, J., dissenting). And that intent is critical. Those who write statutes seek to solve human problems. Fidelity to their aims requires us to approach an interpretive problem not as if it were a purely logical game, like a Rubik's Cube, but as an effort to divine the human intent that underlies the statute. Here that effort calls not for an appeal to canons, but for an analysis of language, structure, history, and purpose. Those factors make clear that the Utility Patent Statute does not apply to plants. Nothing in Chakrabarty holds to the contrary.

For these reasons, I dissent.

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