Melville Fuller

“ Its adjudication, though not binding upon any who choose by litigation is courts of general jurisdiction to question the validity of any patent thus awarded, is nevertheless conclusive upon the patent office itself; for, as the statute declares (Rev. St. § 4914) , it 'shall govern the further proceedings in the case.' The commissioner cannot question it. He is bound to record and obey it. ”

“ Since, under the constitution, congress has power 'to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries,' and to make all laws which shall be necessary and proper for carrying that expressed power into execution, it follows that congress may provide such instrumentalities in respect of securing to inventors the exclusive right to their discoveries as in its judgment will be best calculated to effect that object. ”

“ There are thus two parties to every application for a patent, and more when, as in case of interfering claims or patents, other private interests compete for preference. The questions of fact arising in this field find their answers in every department of physical science, in every branch of mechanical art. ”

“ By the act of 1849, c. 108 (9 Stat. 395) , the patent office was transferred to the department of the interior. The act of 1861, c. 88 (12 Stat. 246) , created the office of examiners in chief, 'for the purpose of securing greater uniformity of action in the grant and refusal of letters patent,' 'to be composed of persons of competent legal knowledge and scientific ability, whose duty it shall be, on the written petition of the applicant for that purpose being filed, to revise and determine upon the validity of decisions made by examiners when adverse to the grant of letters patent ”