J'EDEl\AL
vol. 48.
using, thecaUqHi by introducing it into a barrel of beer in ·the manner de-. scribed in their specification, but it is ,quite certain that the !lame form of use was previously known and had ,been adopted in charging neutral liquids. , It must be observed that none of the exhibits above referred to were before the court in the Krffmf:r Chse. To avoid the effect of this proof, the complainants' counsel insisted that" the defendant seeks to invalidate a process which serves to neutralan acidulated liquid, such as beer, by showing it to be old to acidulate and medicate neutral liquids, such as water." This distinction does n9,t affect the question of priority of invention in the present case. The of beer by bicarbonate of soda, used in the form oia powder, was well known; and the i!lsue here ill whether the conversion of the compression, into lumps, granules, or cartridges of suitable SIze and weIght, was new. The proof is clear that it was not. The comp)/l:iP8:ntEl do nothing more than apply the lumps or cartridges to beer of to Wl,lter, and thus adopt an 9)<1 form or method of applying the novelty in the mode"o{ its application; andtbis, ithus, been frequently decided, will not sustain a patent, even if the new form of been before contemplated.. rPcnns'ljlvania 1l. (ro. y. Locomot;,W,etc" :rruckOo.,110 V. S. 490, 4 Sup. Ct. Rep.,220. There1,s no error of th", circuit court, an4 it is therefore ' , , ;
t,l
,
"
P
,; . l'
:CbNTRAcTtNG
CO.
fl. SOUTHERN CALIFORNIA BITUMINOUS PAV.
Co. stal.
(Cwcuit Court" N. D. California. November 16, 1891.) L PATENTs FOB INVENTIONB-PATEN,:\,ABILITY-INVENTION-AsPRALT PAVING. , "Lettera patent No. 819,125, issued June 2,1835, to Judson Rice, Andrew Steiger, :anp. ,Isaac L. co",erS8 "process of working llosphaltum, n, by tllokin,g it in its native stllote, and softening it by the aid of hot Wlloter, steam, or superheated steam, , audapplying it to the use intended while in a plastio state, and then .pressing it , , ",ith a ll.,eaV'y Il.eated iroJ!, Ol'toHer,until the Ilurface is smooth and compact. , that this 'was a patentable invention, consisting in the application of ali old process to Ii nllw and useful purpose. ' Ii ROOFJNGCOJilPOUND. IJett,ersJ;latent No. issued June 1886, to Austin Walrath, covers 8 "paving,'roofing, and building"compound" made by heating bituminous sand-rock (found neat' Santa Crnz, Cat) by meaDS of steam until it is in a sen:Ji-liquid state, IIpread-, " oveI; the l!\ll'face to be paved or roofed, and then rolling it or it with heated ii'olill until it becomes firIll and bard. Held a patentable Invention, as ,it applies known processes to new and useful purposes.
ern. California Bituminous Paving Company and others, for infringement of'paten,tS. : !: .... I
:, InEquity. , Bill by the Pacific Contracting Company against the SouthDecree for' an acpounting. . " ,
,Garber, 'Boalt <to BiShop and M. A. Wheaton, for complainant. : Lariiihorn6 <to Miller,for respondents. , .:, :
PACIFIC CONTRACTING CO.
v.
SOUTHER]\; CAL. BITU;mNOUS PAY. CO.
301
MORROW, J. Bill for the infringement of two letters numbered 319,125, granted to Judson Rice, Andrew Steiger, and Isaac L. Thurber, on June 2, 1885, entitled "Process of working and using asphaltum i" and the other numbered 342,852, granted to AustinWalrath on June 1, 1886, entitled" Paving, roofing, and building compound." Both patents are owned by the complainant, and it is alleged that the defendants have infringed both of them. The process described in the first patent is as follows: "To carry out our invention we take the asphaltum in its native state, and soften it, or dissolve it, by the aid of hot water, steam, or superheated steam, !lnd, when dissolved or in a plastic state, to apply it to the uses for Which. it js inLend,ed. We then press it with a heavy iron or rollers, heatec;i for thilt purpose, but not to a temperature that would burn the which gIves it a smooth surface, and renders it compact and solid. When tl;1e rtsphaltum is dissolved or softened by our process, clean sand may be if desired, to·gi ve it the proper consistency; but without the addition of sand or other ingredient we can also use asphaltum by our process for making floor-tiling, by placing the material in molds, and sllojecting it to pressure, which gives it a firm, solid form, with a smooth surface, which is susceptible of a fine polish. In our process of ,working a.sphaltum we use an ordinary steam-boiler for supplying the hot water, steam, or superheated steam, and a close or open vessel, stirring by hand or by machinery." The process "To ro()fin.g, bnildillg I take this bituminous sand-rock, [previously described il's a natural product which had palitol'nia.] and heat been recentlY,di.scoverednear Santa ofsteam.,il!-· a suitable vessel, Which may be, ait.her open or clos13d. When sufficiently softened by the steam it will be in a semi.liquid condition, so that it can. be spread, by suitable raking implements,in a thin course '01' layer o,ver the suttaC.e to be paved or roofed. I then roll and smooth it down witbheated iroDs .u.ntjJ,it has. become, fir·m. and until the .water which it has taken up from the steam and the volatile part of the oil have evaporated, which will leave a firm, hard, but elastic surface, that will wear a great length of time. Poi' building purposes, and for one class of paVing, I convert the bituminous sandrock into brickR or blocks of the desired size. In this case I treat the sandtock;w.ith:steani. as above. specified, and, in' addition, Ilidd some earthyor mineral substance, such as.lIulphate or carbonate oflime, so as <1ensity and body, and theni subject it to p,ressure in molds, thus forming blocks or bricks. which can be used for .. , The defense is that both of these patents are void for want of invention .. It is claim.ed that the describe are old, to other substances j that from time imm13morial substances have been softenedbyhotwater and by the actionofsteami and in support'. of this claim reference is made to familiar culinary QperationsJ 'such as tbe boiling of potatoes and other vegetables, and the reduction of anima1matter' to grease. It is also claimed thahll species of asphaltum had integrated heat applied in various forms, thoug'll' not in the fd,nn ·.at or bo.iling water alone, and the bituminous rock was a mechanical could be disintegrated by the to 100SeI:\the. mechanical bond between the atoms; It does not appear, however, that these simple operations suggested· the application ,ot'M&
302
1"JllDEIl.AL REPOIl.TER t vol., 48.
water orsteam:to of asphll.1tum or. bituminous rock to a consistency suitablec fo"paving,purposes, pnor to the invention of the processes desctibe(}. in these two patents, nor does it, appear that tho plication was oriethat would naturally suggest itself. to a person giving the subject consideration. The fact was that the presence of water in the bituminous ,materialduring the process of reduction was deemed to be an obstacle to itssuceessful treatment; and the care was at first to dangerous to the expel all the moisture, as its retention was and destructive to the quality of the final product. The uses of water and steam as described in these patents are therefore inventio111S in the application of prooesses to new and useful results. As both of these patentsliilveheretofore been sustained by this court, it will notbenecessllry toadd anything further th'an a reference to the decision of Judge SAWYEi in the cases of Walrath v. Pavi:'fIY Co. and Rock Go. v. Walrat.h.41 Fed., Rep. 883. Decree for ,complainant, and for an ac-
counting. ,'-"
:'1 .
et ale v. STANFOIl.l)· .-1·
(OIrcuU Court, N. D·.minoiB. November 9,189L) ... , ,-' ;','"
'-.
L 'P.A.TBtft$ YOB
"Claim 8 of letters patent' No. 245,684, issiied August 16,1881, 'to Thottlas J. Jenne and Charles S. Harmon, ,for an improvement in lifting-jacks, describes the combi· thingll, of "the stand!l>rd, A,provided with the arms. v, * * * coIlSr.O, 1:IaVlnjt the tr,uI1D10I;lB. o. in journals at of the arms, v." 'He14 that, in view of the plior state of the art, the claim is limited to the specifio eletl111UtBliamed, and is 'not iJifringedby 'a jack having a collar il1wgrsl With the and incapab,le of apy movement. ' ,, Q8Ilnot be enlarglld by coDstrl1ction.: 01' CLAIMS.,' , " '
OP OLAi:r.t-":PRIOR BTATlil O:P ART--InBINGEMENT.
II.
In Equity. Suit by Pettibone. Mulliken & Co. against Arthur L. Stanford fOl"infringerrientof patent;' dismissed. Dyrenftrrth &- Dyrenjprth, for corpplainants. Goo. Pailan and L.' t:' Band, for defendimt. GgltBH:A;lt, J. This suit is brought by the complairiants, as assignees of letters. pl1,tentNo. 245,634, granted JO Thomas J. and Charles S. fora new and of a)ifting. Harmon.,.'Aug\lst 16, previously Issued to ,., The third and Jack, infringes : only blaWif1fhich it is charged " 4. v. lng t,hl',, c"r, h. ha, VIP8;.lt,h, e tru,n,nlQns', 0, ,w',orklllfi" HI )o"lI,rnals attlw tQPS' the arms ", lIfting-bar;o; passmg thtoughthl' collar C, lever D, wOfkIng'upon the trlHluionsoaS Ulilcl'ntn. friction c6l1'ars or pawl's E
.c,
and E" ,upon the bllr H,.and clevis F, connecting theshort,arm of the lever D ,With pawl &\lblltil.ntiaUy.as desert ..