Other than judges who have been appealed exactly four times, the range is very narrow, between Thus, there does not appear to be significant expertise gained by district court judges via direct Federal Circuit review that causes the claim construction reversal rate to decrease. As discussed in more detail in the paper, the study is subject to several limitations inherent in studying appellate cases, including for example, a potential selection bias and a potential distortion if the cases are not distributed evenly across the district court judges.
Ideally, for research purposes, cases would be randomly assigned to a judicial district i. Up next: Reversal rates based performance by district court judges after a first reversal by the Federal Circuit. To study that question, I compiled a large database that includes every single post Markman Federal Circuit decision involving claim construction. Others have studied this issue from the perspective of the Federal Circuit — i.
However, until now, no one has analyzed how district court judges perform based upon experience. My findings do not reveal any correlation between various measures of experiences and the likelihood of being affirmed. There will be several posts on the study and results. Today, I will provide some background on the dataset and a bit on the reversal rate. The Dataset. First, a few brief words about the dataset.
It includes all decisions in an eleven year period, from April 23, the date of the Supreme Court decision in Markman until June 30, Those decisions — of them — are all of the published and unpublished opinions, as well as all of the summary affirmances under Federal Circuit Rule Overall Reversal Rates.
For the entire eleven year period, Moreover, These results are largely consistent with those of an earlier study by then-professor and now-Federal Circuit judge Kimberly Moore. Reversal Rates by Judicial District. In later posts, I will present the reversal rates based upon the experience of the district court judges.
Table II below identifies the number of Federal Circuit appeals from the most active judicial districts in terms of claim construction appellate decisions from April until June It also provides the percentage of cases that were vacated or reversed due to an erroneous claim construction.
In the last column, I have provided the total number of patent lawsuits filed in those judicial districts, and in parenthesis, the rank of the judicial district if measured by the total number of patent lawsuits filed.
As is evident from the Table above, several of the busiest districts have reversal rates above the average rate of thirty percent. For example, the second busiest district in the country, as measured by either number of appeals or number of patent lawsuits handled, the Central District of California, has the highest reversal rate of claim construction.
The trend of filing cases in the Eastern District of Texas began fairly recently, and as a result, many of the cases from the Eastern District of Texas have not had time to proceed through appeal. Consequently, the Eastern District of Texas is not one of the top fifteen districts in terms of appellate claim construction experience during the period Up next: Reversal rates based on the number of claim construction cases previously appealed i.
Aristocrat Technologies v. The pending Aristocrat case is interesting for several reasons: 1 it involves the greatest fear of many practicing patent prosecutors — missing a deadline; 2 it will decide the scope of PTO authority in advance of Tafas v. Dudas ; and 3 pending legislation would expand PTO authority to cover some of the issues here. Background : The Patent Act discusses revival for unintentional abandonment due to failure to submit proper application fees 35 USC and failure to rescind a nonpublication request 35 USC In other cases, however, the Patent Act only explicitly allows revival of unavoidably abandoned cases — a much higher standard.
The fee schedule 35 USC 41 further provides for a specific fee for revival of unintentionally abandoned applications as an explicit alternative to revival of unavoidably abandoned applications. Per its usual operation, the PTO allowed Aristocrat to revive the application based on the unintentional standard. The district court J.
Jenkins N. In addition, many of the revived applications have spawned multiple family members — potentially leading to further invalidation. In a brief supporting the appeal, the Patent argues that Section 41 a 7 of the Patent Act authorizes the Office to revive unintentionally abandoned patent applications — regardless of the form of abandonment. As a backup, the Office demands Chevron deference:.
See US v. Clark , U. In amicus, the Neurotechnology Industry Organization also argues that 35 U. Chamberlain Group v. Lear Corp. After an initial claim construction, the N. In a portion of its system, Lear used a three-symbol trinary code. Of course the underlying processor is binary and thus encodes the trinary code as binary numbers. In its preliminary injunction decision, the lower court held that Lear likely infringed because of the trinary coded binary numbers.
De Novo Preliminary Injunction : A preliminary injunction requires a showing that the patentee has a strong likelihood of success on the merits of the case. Because a showing of success on the merits depends upon the claim construction, the appellate panel held that reversal on claim construction will almost always lead to vacatur of a preliminary injunction.
An applicant who goes into the patent office with claims expanded to correspond with his unbounded faith in the invention, may emerge therefrom with a shriveled parchment which protects only that which any ingenious infringer can evade. Even this may be taken from him by the courts. Indeed, it is only after a patentee has passed successfully the ordeal of judicial interpretation that he can speak with any real certainty as to the scope and character of his invention.
Especially is this true of patents on spring-tooth harrows. Atlanta Attachment v. The patentee, Atlanta Attachment, won a summary judgment on issues of infringement and validity. The on sale bar of b invalidates an issued patent that was on sale prior to the one-year critical date.
The on sale bar can be negated in certain cases where experimentation was still occurring. Facts : Atlanta Attachment was working with Sealy to develop a special ruffle producing sewing machine.
Over the course of a few years, several prototypes were sent to Sealy for experimentation. Each one was returned to the plaintiff for improvements.
The third prototype included all of the claimed elements. Atlanta Attachment invoiced Sealy and was paid for the prototype. At that time. Sealy made further suggestions regarding changes. In addition, Atlanta Attachment had offered to sell 50 production units prior to the critical date.
Thus the claim is invalid under the on sale bar of 35 U. I was hoping to see several Patent Law folks today in at Drake. Sorry that I could not make it. During an earlier reexamination, the PTO cancelled several claims, but the validity of claim 17 was reaffirmed.
Litigation ensued. Preliminary Injunction : For preliminary relief, the first factor is critical. Without showing probable success, a plaintiff has no chance of succeeding on the motion. More to the point, this usually requires proof of infringement of a valid enforceable claim. Moreover, I, on my side, require of every writer, first or last, a simple and sincere account of his own life, and not merely what he has heard of other men's lives; some such account as he would send to his kindred from a distant land; for if he has lived sincerely, it must have been in a distant land to me.
Perhaps these pages are more particularly addressed to poor students. As for the rest of my readers, they will accept such portions as apply to them. I trust that none will stretch the seams in putting on the coat, for it may do good service to him whom it fits.
I would fain say something, not so much concerning the Chinese and Sandwich Islanders as you who read these pages, who are said to live in New England; something about your condition, especially your outward condition or circumstances in this world, in this town, what it is, whether it is necessary that it be as bad as it is, whether it cannot be improved as well as not.
I have travelled a good deal in Concord; and everywhere, in shops, and offices, and fields, the inhabitants have appeared to me to be doing penance in a thousand remarkable ways.
What I have heard of Bramins sitting exposed to four fires and looking in the face of the sun; or hanging suspended, with their heads downward, over flames; or looking at the heavens over their shoulders "until it becomes impossible for them to resume their natural position, while from the twist of the neck nothing but liquids can pass into the stomach"; or dwelling, chained for life, at the foot of a tree; or measuring with their bodies, like caterpillars, the breadth of vast empires; or standing on one leg on the tops of pillars--even these forms of conscious penance are hardly more incredible and astonishing than the scenes which I daily witness.
The twelve labors of Hercules were trifling in comparison with those which my neighbors have undertaken; for they were only twelve, and had an end; but I could never see that these men slew or captured any monster or finished any labor. They have no friend Iolaus to burn with a hot iron the root of the hydra's head, but as soon as one head is crushed, two spring up.
I see young men, my townsmen, whose misfortune it is to have inherited farms, houses, barns, cattle, and farming tools; for these are more easily acquired than got rid of. Better if they had been born in the open pasture and suckled by a wolf, that they might have seen with clearer eyes what field they were called to labor in.
Who made them serfs of the soil? Why should they eat their sixty acres, when man is condemned to eat only his peck of dirt? Why should they begin digging their graves as soon as they are born? They have got to live a man's life, pushing all these things before them, and get on as well as they can.
How many a poor immortal soul have I met well-nigh crushed and smothered under its load, creeping down the road of life, pushing before it a barn seventy-five feet by forty, its Augean stables never cleansed, and one hundred acres of land, tillage, mowing, pasture, and woodlot!
The portionless, who struggle with no such unnecessary inherited encumbrances, find it labor enough to subdue and cultivate a few cubic feet of flesh. But men labor under a mistake. The better part of the man is soon plowed into the soil for compost. By a seeming fate, commonly called necessity, they are employed, as it says in an old book, laying up treasures which moth and rust will corrupt and thieves break through and steal.
It is a fool's life, as they will find when they get to the end of it, if not before. It is said that Deucalion and Pyrrha created men by throwing stones over their heads behind them Inde genus durum sumus, experiensque laborum, Et documenta damus qua simus origine nati.
Or, as Raleigh rhymes it in his sonorous way,-- "From thence our kind hard-hearted is, enduring pain and care, Approving that our bodies of a stony nature are. Most men, even in this comparatively free country, through mere ignorance and mistake, are so occupied with the factitious cares and superfluously coarse labors of life that its finer fruits cannot be plucked by them.
Their fingers, from excessive toil, are too clumsy and tremble too much for that. Actually, the laboring man has not leisure for a true integrity day by day; he cannot afford to sustain the manliest relations to men; his labor would be depreciated in the market. He has no time to be anything but a machine. How can he remember well his ignorance--which his growth requires--who has so often to use his knowledge?
We should feed and clothe him gratuitously sometimes, and recruit him with our cordials, before we judge of him.
The finest qualities of our nature, like the bloom on fruits, can be preserved only by the most delicate handling. Yet we do not treat ourselves nor one another thus tenderly.
Some of you, we all know, are poor, find it hard to live, are sometimes, as it were, gasping for breath. I have no doubt that some of you who read this book are unable to pay for all the dinners which you have actually eaten, or for the coats and shoes which are fast wearing or are already worn out, and have come to this page to spend borrowed or stolen time, robbing your creditors of an hour. I sometimes wonder that we can be so frivolous, I may almost say, as to attend to the gross but somewhat foreign form of servitude called Negro Slavery, there are so many keen and subtle masters that enslave both North and South.
It is hard to have a Southern overseer; it is worse to have a Northern one; but worst of all when you are the slave-driver of yourself. Talk of a divinity in man! Look at the teamster on the highway, wending to market by day or night; does any divinity stir within him? His highest duty to fodder and water his horses! What is his destiny to him compared with the shipping interests? Does not he drive for Squire Make-a-stir? How godlike, how immortal, is he? See how he cowers and sneaks, how vaguely all the day he fears, not being immortal nor divine, but the slave and prisoner of his own opinion of himself, a fame won by his own deeds.
Public opinion is a weak tyrant compared with our own private opinion. What a man thinks of himself, that it is which determines, or rather indicates, his fate. Self-emancipation even in the West Indian provinces of the fancy and imagination--what Wilberforce is there to bring that about? Think, also, of the ladies of the land weaving toilet cushions against the last day, not to betray too green an interest in their fates!
As if you could kill time without injuring eternity. The mass of men lead lives of quiet desperation. What is called resignation is confirmed desperation. From the desperate city you go into the desperate country, and have to console yourself with the bravery of minks and muskrats. A stereotyped but unconscious despair is concealed even under what are called the games and amusements of mankind. There is no play in them, for this comes after work. But it is a characteristic of wisdom not to do desperate things.
When we consider what, to use the words of the catechism, is the chief end of man, and what are the true necessaries and means of life, it appears as if men had deliberately chosen the common mode of living because they preferred it to any other.
Yet they honestly think there is no choice left. But alert and healthy natures remember that the sun rose clear. It is never too late to give up our prejudices. No way of thinking or doing, however ancient, can be trusted without proof. What everybody echoes or in silence passes by as true to-day may turn out to be falsehood to-morrow, mere smoke of opinion, which some had trusted for a cloud that would sprinkle fertilizing rain on their fields.
What old people say you cannot do, you try and find that you can. Old deeds for old people, and new deeds for new. Old people did not know enough once, perchance, to fetch fresh fuel to keep the fire a-going; new people put a little dry wood under a pot, and are whirled round the globe with the speed of birds, in a way to kill old people, as the phrase is.
Age is no better, hardly so well, qualified for an instructor as youth, for it has not profited so much as it has lost. One may almost doubt if the wisest man has learned anything of absolute value by living. Practically, the old have no very important advice to give the young, their own experience has been so partial, and their lives have been such miserable failures, for private reasons, as they must believe; and it may be that they have some faith left which belies that experience, and they are only less young than they were.
I have lived some thirty years on this planet, and I have yet to hear the first syllable of valuable or even earnest advice from my seniors. They have told me nothing, and probably cannot tell me anything to the purpose. Here is life, an experiment to a great extent untried by me; but it does not avail me that they have tried it.
If I have any experience which I think valuable, I am sure to reflect that this my Mentors said nothing about. One farmer says to me, "You cannot live on vegetable food solely, for it furnishes nothing to make bones with"; and so he religiously devotes a part of his day to supplying his system with the raw material of bones; walking all the while he talks behind his oxen, which, with vegetable-made bones, jerk him and his lumbering plow along in spite of every obstacle.
Some things are really necessaries of life in some circles, the most helpless and diseased, which in others are luxuries merely, and in others still are entirely unknown. The whole ground of human life seems to some to have been gone over by their predecessors, both the heights and the valleys, and all things to have been cared for. Undoubtedly the very tedium and ennui which presume to have exhausted the variety and the joys of life are as old as Adam. But man's capacities have never been measured; nor are we to judge of what he can do by any precedents, so little has been tried.
Whatever have been thy failures hitherto, "be not afflicted, my child, for who shall assign to thee what thou hast left undone?
If I had remembered this it would have prevented some mistakes. This was not the light in which I hoed them. The stars are the apexes of what wonderful triangles! What distant and different beings in the various mansions of the universe are contemplating the same one at the same moment! Nature and human life are as various as our several constitutions. Who shall say what prospect life offers to another? Could a greater miracle take place than for us to look through each other's eyes for an instant?
We should live in all the ages of the world in an hour; ay, in all the worlds of the ages. History, Poetry, Mythology! The greater part of what my neighbors call good I believe in my soul to be bad, and if I repent of anything, it is very likely to be my good behavior. What demon possessed me that I behaved so well?
You may say the wisest thing you can, old man--you who have lived seventy years, not without honor of a kind--I hear an irresistible voice which invites me away from all that. One generation abandons the enterprises of another like stranded vessels. I think that we may safely trust a good deal more than we do.
We may waive just so much care of ourselves as we honestly bestow elsewhere. Nature is as well adapted to our weakness as to our strength. The incessant anxiety and strain of some is a well-nigh incurable form of disease. We are made to exaggerate the importance of what work we do; and yet how much is not done by us!
How vigilant we are! So thoroughly and sincerely are we compelled to live, reverencing our life, and denying the possibility of change. This is the only way, we say; but there are as many ways as there can be drawn radii from one centre.
All change is a miracle to contemplate; but it is a miracle which is taking place every instant. Confucius said, "To know that we know what we know, and that we do not know what we do not know, that is true knowledge. Let us consider for a moment what most of the trouble and anxiety which I have referred to is about, and how much it is necessary that we be troubled, or at least careful. It would be some advantage to live a primitive and frontier life, though in the midst of an outward civilization, if only to learn what are the gross necessaries of life and what methods have been taken to obtain them; or even to look over the old day-books of the merchants, to see what it was that men most commonly bought at the stores, what they stored, that is, what are the grossest groceries.
For the improvements of ages have had but little influence on the essential laws of man's existence; as our skeletons, probably, are not to be distinguished from those of our ancestors. To many creatures there is in this sense but one necessary of life, Food.
To the bison of the prairie it is a few inches of palatable grass, with water to drink; unless he seeks the Shelter of the forest or the mountain's shadow. None of the brute creation requires more than Food and Shelter. The necessaries of life for man in this climate may, accurately enough, be distributed under the several heads of Food, Shelter, Clothing, and Fuel; for not till we have secured these are we prepared to entertain the true problems of life with freedom and a prospect of success.
Man has invented, not only houses, but clothes and cooked food; and possibly from the accidental discovery of the warmth of fire, and the consequent use of it, at first a luxury, arose the present necessity to sit by it. We observe cats and dogs acquiring the same second nature. By proper Shelter and Clothing we legitimately retain our own internal heat; but with an excess of these, or of Fuel, that is, with an external heat greater than our own internal, may not cookery properly be said to begin?
Darwin, the naturalist, says of the inhabitants of Tierra del Fuego, that while his own party, who were well clothed and sitting close to a fire, were far from too warm, these naked savages, who were farther off, were observed, to his great surprise, "to be streaming with perspiration at undergoing such a roasting.
Is it impossible to combine the hardiness of these savages with the intellectualness of the civilized man? According to Liebig, man's body is a stove, and food the fuel which keeps up the internal combustion in the lungs. In cold weather we eat more, in warm less. The animal heat is the result of a slow combustion, and disease and death take place when this is too rapid; or for want of fuel, or from some defect in the draught, the fire goes out.
Of course the vital heat is not to be confounded with fire; but so much for analogy. The grand necessity, then, for our bodies, is to keep warm, to keep the vital heat in us. What pains we accordingly take, not only with our Food, and Clothing, and Shelter, but with our beds, which are our night-clothes, robbing the nests and breasts of birds to prepare this shelter within a shelter, as the mole has its bed of grass and leaves at the end of its burrow!
The poor man is wont to complain that this is a cold world; and to cold, no less physical than social, we refer directly a great part of our ails. The summer, in some climates, makes possible to man a sort of Elysian life. Fuel, except to cook his Food, is then unnecessary; the sun is his fire, and many of the fruits are sufficiently cooked by its rays; while Food generally is more various, and more easily obtained, and Clothing and Shelter are wholly or half unnecessary.
At the present day, and in this country, as I find by my own experience, a few implements, a knife, an axe, a spade, a wheelbarrow, etc. Yet some, not wise, go to the other side of the globe, to barbarous and unhealthy regions, and devote themselves to trade for ten or twenty years, in order that they may live--that is, keep comfortably warm--and die in New England at last. Most of the luxuries, and many of the so-called comforts of life, are not only not indispensable, but positive hindrances to the elevation of mankind.
With respect to luxuries and comforts, the wisest have ever lived a more simple and meagre life than the poor. The ancient philosophers, Chinese, Hindoo, Persian, and Greek, were a class than which none has been poorer in outward riches, none so rich in inward. We know not much about them. It is remarkable that we know so much of them as we do.
The same is true of the more modern reformers and benefactors of their race. None can be an impartial or wise observer of human life but from the vantage ground of what we should call voluntary poverty.
Of a life of luxury the fruit is luxury, whether in agriculture, or commerce, or literature, or art. There are nowadays professors of philosophy, but not philosophers. Yet it is admirable to profess because it was once admirable to live. To be a philosopher is not merely to have subtle thoughts, nor even to found a school, but so to love wisdom as to live according to its dictates, a life of simplicity, independence, magnanimity, and trust.
It is to solve some of the problems of life, not only theoretically, but practically. The success of great scholars and thinkers is commonly a courtier-like success, not kingly, not manly. They make shift to live merely by conformity, practically as their fathers did, and are in no sense the progenitors of a noble race of men.
But why do men degenerate ever? What makes families run out? What is the nature of the luxury which enervates and destroys nations? Are we sure that there is none of it in our own lives? The philosopher is in advance of his age even in the outward form of his life.
He is not fed, sheltered, clothed, warmed, like his contemporaries. How can a man be a philosopher and not maintain his vital heat by better methods than other men? When a man is warmed by the several modes which I have described, what does he want next? Surely not more warmth of the same kind, as more and richer food, larger and more splendid houses, finer and more abundant clothing, more numerous, incessant, and hotter fires, and the like. When he has obtained those things which are necessary to life, there is another alternative than to obtain the superfluities; and that is, to adventure on life now, his vacation from humbler toil having commenced.
The soil, it appears, is suited to the seed, for it has sent its radicle downward, and it may now send its shoot upward also with confidence. Why has man rooted himself thus firmly in the earth, but that he may rise in the same proportion into the heavens above? I do not mean to prescribe rules to strong and valiant natures, who will mind their own affairs whether in heaven or hell, and perchance build more magnificently and spend more lavishly than the richest, without ever impoverishing themselves, not knowing how they live--if, indeed, there are any such, as has been dreamed; nor to those who find their encouragement and inspiration in precisely the present condition of things, and cherish it with the fondness and enthusiasm of lovers--and, to some extent, I reckon myself in this number; I do not speak to those who are well employed, in whatever circumstances, and they know whether they are well employed or not;--but mainly to the mass of men who are discontented, and idly complaining of the hardness of their lot or of the times, when they might improve them.
There are some who complain most energetically and inconsolably of any, because they are, as they say, doing their duty. I also have in my mind that seemingly wealthy, but most terribly impoverished class of all, who have accumulated dross, but know not how to use it, or get rid of it, and thus have forged their own golden or silver fetters.
I will only hint at some of the enterprises which I have cherished. In any weather, at any hour of the day or night, I have been anxious to improve the nick of time, and notch it on my stick too; to stand on the meeting of two eternities, the past and future, which is precisely the present moment; to toe that line. You will pardon some obscurities, for there are more secrets in my trade than in most men's, and yet not voluntarily kept, but inseparable from its very nature. I would gladly tell all that I know about it, and never paint "No Admittance" on my gate.
I long ago lost a hound, a bay horse, and a turtle dove, and am still on their trail. Many are the travellers I have spoken concerning them, describing their tracks and what calls they answered to. I have met one or two who had heard the hound, and the tramp of the horse, and even seen the dove disappear behind a cloud, and they seemed as anxious to recover them as if they had lost them themselves.
To anticipate, not the sunrise and the dawn merely, but, if possible, Nature herself! How many mornings, summer and winter, before yet any neighbor was stirring about his business, have I been about mine! No doubt, many of my townsmen have met me returning from this enterprise, farmers starting for Boston in the twilight, or woodchoppers going to their work.
It is true, I never assisted the sun materially in his rising, but, doubt not, it was of the last importance only to be present at it. So many autumn, ay, and winter days, spent outside the town, trying to hear what was in the wind, to hear and carry it express!
I well-nigh sunk all my capital in it, and lost my own breath into the bargain, running in the face of it. If it had concerned either of the political parties, depend upon it, it would have appeared in the Gazette with the earliest intelligence. At other times watching from the observatory of some cliff or tree, to telegraph any new arrival; or waiting at evening on the hill-tops for the sky to fall, that I might catch something, though I never caught much, and that, manna-wise, would dissolve again in the sun.
For a long time I was reporter to a journal, of no very wide circulation, whose editor has never yet seen fit to print the bulk of my contributions, and, as is too common with writers, I got only my labor for my pains. However, in this case my pains were their own reward. For many years I was self-appointed inspector of snow-storms and rain-storms, and did my duty faithfully; surveyor, if not of highways, then of forest paths and all across-lot routes, keeping them open, and ravines bridged and passable at all seasons, where the public heel had testified to their utility.
I have looked after the wild stock of the town, which give a faithful herdsman a good deal of trouble by leaping fences; and I have had an eye to the unfrequented nooks and corners of the farm; though I did not always know whether Jonas or Solomon worked in a particular field to-day; that was none of my business. I have watered the red huckleberry, the sand cherry and the nettle-tree, the red pine and the black ash, the white grape and the yellow violet, which might have withered else in dry seasons.
In short, I went on thus for a long time I may say it without boasting , faithfully minding my business, till it became more and more evident that my townsmen would not after all admit me into the list of town officers, nor make my place a sinecure with a moderate allowance. My accounts, which I can swear to have kept faithfully, I have, indeed, never got audited, still less accepted, still less paid and settled.
However, I have not set my heart on that. Not long since, a strolling Indian went to sell baskets at the house of a well-known lawyer in my neighborhood. Thinking that when he had made the baskets he would have done his part, and then it would be the white man's to buy them. He had not discovered that it was necessary for him to make it worth the other's while to buy them, or at least make him think that it was so, or to make something else which it would be worth his while to buy. I too had woven a kind of basket of a delicate texture, but I had not made it worth any one's while to buy them.
Yet not the less, in my case, did I think it worth my while to weave them, and instead of studying how to make it worth men's while to buy my baskets, I studied rather how to avoid the necessity of selling them. The life which men praise and regard as successful is but one kind. Why should we exaggerate any one kind at the expense of the others?
Finding that my fellow-citizens were not likely to offer me any room in the court house, or any curacy or living anywhere else, but I must shift for myself, I turned my face more exclusively than ever to the woods, where I was better known. I determined to go into business at once, and not wait to acquire the usual capital, using such slender means as I had already got. My purpose in going to Walden Pond was not to live cheaply nor to live dearly there, but to transact some private business with the fewest obstacles; to be hindered from accomplishing which for want of a little common sense, a little enterprise and business talent, appeared not so sad as foolish.
I have always endeavored to acquire strict business habits; they are indispensable to every man. If your trade is with the Celestial Empire, then some small counting house on the coast, in some Salem harbor, will be fixture enough. You will export such articles as the country affords, purely native products, much ice and pine timber and a little granite, always in native bottoms.
These will be good ventures. It is a labor to task the faculties of a man--such problems of profit and loss, of interest, of tare and tret, and gauging of all kinds in it, as demand a universal knowledge. I have thought that Walden Pond would be a good place for business, not solely on account of the railroad and the ice trade; it offers advantages which it may not be good policy to divulge; it is a good port and a good foundation.
No Neva marshes to be filled; though you must everywhere build on piles of your own driving. It is said that a flood-tide, with a westerly wind, and ice in the Neva, would sweep St. Petersburg from the face of the earth. As this business was to be entered into without the usual capital, it may not be easy to conjecture where those means, that will still be indispensable to every such undertaking, were to be obtained. As for Clothing, to come at once to the practical part of the question, perhaps we are led oftener by the love of novelty and a regard for the opinions of men, in procuring it, than by a true utility.
Let him who has work to do recollect that the object of clothing is, first, to retain the vital heat, and secondly, in this state of society, to cover nakedness, and he may judge how much of any necessary or important work may be accomplished without adding to his wardrobe. Kings and queens who wear a suit but once, though made by some tailor or dressmaker to their majesties, cannot know the comfort of wearing a suit that fits.
They are no better than wooden horses to hang the clean clothes on. Every day our garments become more assimilated to ourselves, receiving the impress of the wearer's character, until we hesitate to lay them aside without such delay and medical appliances and some such solemnity even as our bodies.
No man ever stood the lower in my estimation for having a patch in his clothes; yet I am sure that there is greater anxiety, commonly, to have fashionable, or at least clean and unpatched clothes, than to have a sound conscience. But even if the rent is not mended, perhaps the worst vice betrayed is improvidence. I sometimes try my acquaintances by such tests as this--Who could wear a patch, or two extra seams only, over the knee? Most behave as if they believed that their prospects for life would be ruined if they should do it.
It would be easier for them to hobble to town with a broken leg than with a broken pantaloon. Often if an accident happens to a gentleman's legs, they can be mended; but if a similar accident happens to the legs of his pantaloons, there is no help for it; for he considers, not what is truly respectable, but what is respected.
We know but few men, a great many coats and breeches. Dress a scarecrow in your last shift, you standing shiftless by, who would not soonest salute the scarecrow? Passing a cornfield the other day, close by a hat and coat on a stake, I recognized the owner of the farm.
He was only a little more weather-beaten than when I saw him last. I have heard of a dog that barked at every stranger who approached his master's premises with clothes on, but was easily quieted by a naked thief. It is an interesting question how far men would retain their relative rank if they were divested of their clothes.
Could you, in such a case, tell surely of any company of civilized men which belonged to the most respected class? When Madam Pfeiffer, in her adventurous travels round the world, from east to west, had got so near home as Asiatic Russia, she says that she felt the necessity of wearing other than a travelling dress, when she went to meet the authorities, for she "was now in a civilized country, where But they yield such respect, numerous as they are, are so far heathen, and need to have a missionary sent to them.
Beside, clothes introduced sewing, a kind of work which you may call endless; a woman's dress, at least, is never done. A man who has at length found something to do will not need to get a new suit to do it in; for him the old will do, that has lain dusty in the garret for an indeterminate period. Old shoes will serve a hero longer than they have served his valet--if a hero ever has a valet--bare feet are older than shoes, and he can make them do.
But if my jacket and trousers, my hat and shoes, are fit to worship God in, they will do; will they not? Who ever saw his old clothes--his old coat, actually worn out, resolved into its primitive elements, so that it was not a deed of charity to bestow it on some poor boy, by him perchance to be bestowed on some poorer still, or shall we say richer, who could do with less?
I say, beware of all enterprises that require new clothes, and not rather a new wearer of clothes. If there is not a new man, how can the new clothes be made to fit? If you have any enterprise before you, try it in your old clothes. Perhaps we should never procure a new suit, however ragged or dirty the old, until we have so conducted, so enterprised or sailed in some way, that we feel like new men in the old, and that to retain it would be like keeping new wine in old bottles. Our moulting season, like that of the fowls, must be a crisis in our lives.
The loon retires to solitary ponds to spend it. Thus also the snake casts its slough, and the caterpillar its wormy coat, by an internal industry and expansion; for clothes are but our outmost cuticle and mortal coil.
Otherwise we shall be found sailing under false colors, and be inevitably cashiered at last by our own opinion, as well as that of mankind. We don garment after garment, as if we grew like exogenous plants by addition without. Our outside and often thin and fanciful clothes are our epidermis, or false skin, which partakes not of our life, and may be stripped off here and there without fatal injury; our thicker garments, constantly worn, are our cellular integument, or cortex; but our shirts are our liber, or true bark, which cannot be removed without girdling and so destroying the man.
I believe that all races at some seasons wear something equivalent to the shirt. It is desirable that a man be clad so simply that he can lay his hands on himself in the dark, and that he live in all respects so compactly and preparedly that, if an enemy take the town, he can, like the old philosopher, walk out the gate empty-handed without anxiety.
Based on Unix and used in embedded systems computers put into other devices like cars , it has versatility, maturity, and capability. But you don't easily merge operating systems. Take aspects of one and put it into another? Smack them together like two lumps of clay? Not in a commercial setting. Google has also been working overtime since Larry Page became CEO to reduce the number of unnecessary projects and to focus its resources on things that can make a difference. The company is already maintaining two operating systems with Android and Chrome OS.
Add a third to the mix? Google would have to toss either QNX or Android. There is no way it dumps what has become an important strategy for the company's future. Replace Android and you send all the hardware vendors back to the drawing board. That would put Google into the same shoes as RIM, as it waited for new devices to hit the market. Apple could do a lot of damage in that time. Furthermore, such a switch would play havoc with all the third party developers, because there is no way Google could reasonably ensure that everything would run on QNX, even with an emulation mode which would slow the whole device down.
And forget trying to breathe life into the old BlackBerry software.
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