Wellman v. Blood

Citations

• 1 MacA. Pat. Cas. 432

Syllabus

<p>Right op appeal — interlocutory decisions not appealable — extending times eor taking testimony. — Interlocutory questions which arise in the course of the trial before the Commissioner, such as the question whether the times for taking testimony shall be extended, are submitted to the sound discretion of the Commissioner; and from his decision no appeal lies to the court, unless in case of gross abuse, which is not to be presumed.</p> <p>Invention — rearranging and simplifying machine patentable. — Rearranging the parts of a machine so as to dispense with several expensive pieces before considered necessary, thereby simplifying the machine and improving its operation, is a patentable invention.</p> <p>Employer and employee — original conception — mechanical details.. — If - • the employer conceives the result embraced in an invention, or the general idea of a machine upon a particular principle, and in order to carry his conception into effect it is necessary to employ manual dexterity, or even inventive skill, in the mechanical details and arrangements requisite for carrying out the original conception, in such cases the employer will be the inventor and the servant will be the mere instrument by which he realizes his idea.</p> <p>Contradiction in testimony — compared with deposition. — The testimony of a witness may be compared with his deposition in a former interference relating to the same matter; and gross contradictions thereby appearing, . not accounted for by any satisfactory explanations, will discredit his testimony.</p> <p>Credit op witness — subornation—eppect op. — A witness who gives false testimony as to one particular cannot be credited as to any, according to the legal maxim falsus in uno, falsus in omnibus. And if there be reason to suppose that his perjury or prevarication is the result of subornation, it affords a reasonable ground in a doubtful case for suspecting the testimony of other witnesses adduced by the same party.</p>