David Josiah Brewer

“ Now, it is possible that one seeing for a few minutes a sketch of a complicated machine can eight years there after remember the details of that sketch so clearly as to make an accurate model; but, if it is possible, it surely is not probable. If the invention disclosed in the sketch impressed either Daniels or Lambert as something of great value, and therefore fixed itself firmly in the mind, it is strange that neither seemed anxious to impress it upon the attention of others, carry in into actual use, or derive profit from it. ”

“ Upon principle and authority, therefore, it must be laid down as a rule that, where the question decided in the patent office is one between contesting parties as to priority of invention, the decision there made must be accepted as controlling upon that question of fact in any subsequent suit between the same parties, unless the contrary is established by testimony which in character and amount carries thorough conviction. ”

“ The one charged with the administration of the patent system had finished its investigations and made its determination with respect to the question of priority of invention. That determination gave to the defendant the exclusive rights of a patentee. A new proceedings is instituted in the courts,-a proceeding to set aside the conclusions reached by the administrative department, and to give to the plaintiff the rights there awarded to the defendant. It is something in the nature of a suit to set aside a judgment, and, as such, is not to be sustained by a mere preponderance of evidence. ”