chine'
(admitted on all sides to be nearest prior approach to it),
'a distinct and important advance in the art of engraving
glassware, and generally a machine for this purpose which
has involved the exercise of the inventive faculty in the
highest degree.'

"Thus a more radical and irreconcilable disagreement between
experts touching the same thing could hardly be found. So it
is with the testimony. If we take that for the defendant,
the Central Glass Company machine, and especially the Kuny
Kahbel machine, built and operated years before this patent
issued, and not patented, are just as good, just as
effective and practical, as this one, and capable of turning
out just as perfect work and as great a variety of it. On
the other hand, if we take that produced by the plaintiff,
we are driven to the conclusion that these prior machines,
the product of the same mind, were only progressive steps
forward from utter darkness, so to speak, into full
inventive sunlight, which made clear to him the solution of
the problem in this patented machine. The shortcomings of
the earlier machines are minutely set forth, and the
witnesses for the plaintiff are clear that they are neither
practical nor profitable.

"But this is not all of the trouble that confronts us in
this case. Counsel of both sides, with an indomitable
courage that must command admiration, a courage that has led
them to a vast amount of study, investigation, and thought,
that in fact has made them all experts, have dissected this
record of 356 closely printed pages, applied all mechanical
principles and laws to the facts as they see them, and,
besides, have ransacked the law-books and cited an enormous
number of cases, more or less in point, as illustration of
their respective contentions. The courts find nothing more
difficult than to apply an abstract principle to all classes
of cases that may arise. The facts in each case so
frequently create an exception to the general rule that such
rule must be honored rather in its breach than in its
observance. Therefore, after a careful examination of these
cases, it is no criticism of the courts to say that both
sides have found abundant and about an equal amount of
authority to sustain their respective contentions, and, as