Both the testimony of the complainants' expert and the comparison of the exhibits made by the court are decisive that the manufacture by the respondents is, in the sense of the patent law, substantially the same as that of the com plainants, which shows that the complainants are entitled to an account. Decree for complainants. By the Commissioner o£ Patents. (Appeal fl'om the Examiners-in-Ohief.) Marble, Commissioner; 1 It is not necessary that an applicant, in order to defeat ' I a patent,

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... ld show that he conceived the invention and reduced the same to practice before the time at which such I invention was conceived by the patentee. I 2. To defeat the rights of a patentee it is sufficient to show i "that he had surreptitiously and unjustly obtained the patent for that which was in fact invented by another who was using reasonable diligence in adapting and perfecting the same." 3. Diligence in perfecting an invention is a relative mat-, ter, and the law does not require that an inventor who is