Burr v. Ford
Burr v. Ford
Opinion of the Court
delivered the opinion of the Court:
This is an appeal from a decision of the Commissioner of
The grant of the patent to the appellees is prima facie evidence that they are the first inventors of the device described therein. To overcome this presumption, it is incumbent upon the appellant to show a discovery or invention prior to that of appellees, that “ must have been complete and capable of producing the result sought to be accomplished. The burden of proof rests upon him, and every reasonable doubt should be resolved against him. If the thing were embryotic or inchoate; if it rested in speculation or experiment; if the process pursued for its development had failed to reach the pointof consummation, it cannot avaii to defeat a patent founded upon a discovery or invention which was completed, while in the other case there was only progress, however near that progress may have approximated to the end in view. The law requires not conjecture,
Under this rule we must concur with the Commissioner in the opinion that the appellant has not established his claim to priority of invention. It is true that in 1889 he did invent this device and make a model of it. He had it cast and fitted upon a wooden block curved in about the same line as the action of an ordinary tank would be. The strength of this he seems to have tested in a measure by screwing up the tap which held the two ends together.
Another was fitted upon an empty tank about the same time. It was shown in the evidence that the pressure upon the lugs, when enclosing a filled tank, is very great and very different from that which is exerted by screwing up the connecting tap. No other use seems to have been made of the coupling. The original model was preserved — that is, the one fitted upon the wooden block — and has been exhibited in evidence. The one used on the tank disappeared. The one produced lay under the work bench in the pattern shop among unused patterns and some rubbish. The company with which appellant was employed, and in which he was a stockholder, was engaged in manufacturing tanks for sale and did not then adopt their use. An attempt was made to show that some of these lugs had been manufactured and sold to the trade. On his first examination appellant stated that the lugs were first sold by his company in July or August, 1891. Upon a later examination he gave the date as March 13, 1891, and produced the shipping book of the company, showing a shipment of that date to Derby & Wilson, Morris, Illinois, oí fifty pairs of lugs. There was no
Upon a careful consideration of all of the evidence we are constrained to agree with the Commissioner that, “Had all that Burr did up to the reduction to practice of Ford and Ferguson been followed by nothing more on Burr’s part, the invention would not have been given to the world or abandoned to the world. Its later development by Burr was not achieved with reasonable dilligence.”
The decision appealed from will be affirmed, and the proceedings and decision herein will be certified to the Commissioner of Patents in the manner required by law. It is so ordered.
Reference
- Full Case Name
- BURR v. FORD
- Status
- Published