John Bayard McPherson
Judge McPherson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McPherson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires a plain mistake before disturbing concurrent factual findings by two lower tribunals.
“nothing except a plain mistake will justify an appellate court in disregarding the concurrent findings of two subordinate tribunals upon disputed questions of fact.”
For old-element combinations, requires a new mode of operation or a new and useful result to support patentability.
“the rule is that, while *422the combination may still be patentable, a patent should only be granted if the old elements have been so combined as to operate in a new way, or to produce a new and useful result.”
Procedural preferences
Presumes trial rulings correct when the appellant omits evidence needed to evaluate them.
“A trial judge’s rulings and instructions are presumed to be correct, and especially is this true when evidence was heard by him that is not presented for consideration on appeal.”
Requires objections below before reviewing a final distribution decree after payment and discharge.
“In obedience to the well-established rules of orderly procedure in a court of first instance and in a court of review, nothing is presented now except the formal correctness of a final decree that comes before us without having been objected to in the court below, and in our opinion the appeal should be dismissed.”
Cautions
Gives weight to a coordinate circuit's decision at the preliminary stage while reserving final judgment on a later evidentiary record.
“we think it desirable to give much weight to the decision of a co-ordinate court, especially at this preliminarstage.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We can do nothing but affirm the judgment and accordingly it is so ordered.”
“The motion to dismiss is refused, and the decree is affirmed.”
“The order appealed from is therefore reversed, with instructions to the district court to enter a preliminary injunction upon such terms as to security, etc., as may seem advisable.”
“In each case the order of deportation is affirmed.”
“The decree is reversed, with instructions to reinstate the orders of the referee.”
A historical record
Judge McPherson no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.