delivered the opinion of the Court:
The record in this case is quite voluminous. The greater part of it consists of the testimony taken on behalf of the appellant, which occupies more than five hundred printed pages of the record. And yet a careful perusal of this voluminous mass leads us to the same conclusion that was reached in the ease by the examiner of interferences, who analyzed and considered it with the most painstaking industry and the most earnest and conscientious care, that it is a mass of inconsistency, contradiction, incoherence, and utter insufficiency to establish any right or title in the appellant to the invention which he claims at any time before the filing of his application on April 12, 1897. The fantastic dates claimed in his preliminary statement are shown to be utterly without foundation and to have been adopted without any regard for historic accuracy. His own admissions are sufficient to discredit his case; and the indefinite and unsatisfactory character of many of his statements, where he could have been accurate, if he really had the invention under consideration, is sufficient to warrant disbelief in his pretensions.
There is only one feature of certainty in the whole mass that has any legitimate bearing on the appellant’s claims; and that is the fact that, in the year 1893, he applied for and received an English patent, No. 4,210 of 1893, dated November 22, 1893, and that he filed an application in our Pat
To the exceedingly careful investigation of this case by the Commissioner and the tribunals of the Patent Office we can add nothing. We fail to see how they could well have reached any different conclusion than that to which they came. The appellant is entitled to no earlier date for the conception of the invention than the date of the filing of his application, April 12, 1897, -while the appellee is undoubtedly entitled to the date of his application, July 9, 1895, if not to an earlier date. Moreover, as the Commissioner very well remarks, even if the appellant had accomplished something in 1893, the ultimate rejection and abandonment of his application of that year, and his total and wholly tin-
We are of the opinion that the Commissioner of Patents was right in his decision, and that such decision should be affirmed; and that the appellee, Carl Linde, is entitled to judgment of priority of invention.
The cleric of the court will certify this opinion and the proceedings in the cause in this court to the Commissioner of Patents according to law. Affirmed.