Peter Vivian Daniel

“ I have always regarded the patent of the complainant void upon its face. I moreover consider the decree of the Circuit Court inconsistent with the claim of the complainant, unwarranted by any evidence in the cause, and most unjust and oppressive in its operation. ”

“ I. I believe the patent of complainant to be void on its face.
The first claim is for the application of the 'expansive and contracting power of a metallic rod, by different degrees of heat, to open and close a damper which governs the admission of air into a stove.'Now, this claim is false in fact. The patentee was not the first to make this application of the different degrees of expansion of metals to open and close a damper to a stove. The evidence is clear, explicit, and uncontradicted. ”

“ As it is without precedent, so neither can it be cited as such hereafter.
IV. Lastly, after a very long and laborious investigation, the master has found that the profit of making and vending the machine charged as an infringement, is ten cents on each regulator. ”