Mesta Mach. Co. v. Federal Machine & Welder Co.

CLARK, Circuit Judge.

Lord Halsbury, a very famous English equity judge and the compiler of their Corpus Juris,1 2summarized the difficulties of the patent judge in this fashion. Speaking in the House of Lords, he said: “My lords, this is an appeal of a class which almost always raises a difference of opinion amongst those called upon to decide them— the reason is perhaps not difficult to discern. Mixed up with the question of law on which the appellate tribunal is called upon to adjudge are questions of science and engineering, mechanical and other branches of human knowledge and while the…