Application of Newton

I wholly concur in the decision of Chief Judge GARRETT with respect to the allowance of claim 4 but respectfully dissent from his disallowance of the remainder of the claims. The question of whose claims are patentable in a given, case is always a matter of opinion. Evert so, courts are not exempt from fallacy or error of judgment in deciding that question, and from time to time have been required.' to reverse themselves in whole or in part on a petition for rehearing.1

A fertile source of error in the patent law is the misapplication of a sound legal principle established by a court of…