FEDE&AL' REPORTER j
'efficient;' .The conclusion. arrivoo'llit is inaecordance with the views ex'pressed in Shepardv.Chrriganp116 U. S.593, 6 Sup. Ct. Rep. 493, Fay v. Cm-de8'l'nan, 109 U. S. 408,il3 Sup. Ct.. Rep. 236, Snow v. Railroad 00.,121 U. S,617, 7 Sup. 1343; IIendyv.lron Works, 127 U. S. 370, 8 Sup. Ct Rep. 1275; Wickey. Ostrum I 103 U. S. 461; Brownv. Davia, 116 Ur S. 237,6 Sup. Ct. Rep. 379. Decree for·defendant.
(Ck"rcu(t Oourt. N p.lllinoi8. February. 1889.)
Thie "plocess of m.aking wax paper by ma.chinery·".d.escribed in reissued. letl.etspatent;NoL.8.460. to Siegfried Hilmmerschlag.consists in passing the paperfrom a supply reel wlJlch. revolves partly submerged in a vat contaiQing melted paraffinej thence over 8 heated roller. which dif· " fuses the wax equally; thence over a scraper. which removes the surplus wax; and lastly over a polishing roller. A scraper attached to the first cylinder rempves tpe. surplus wax, and <iistributes the remainder uniformly over the cylinder. Defel1dant lays 100 sheets of paper in a tin pan and dips a piece of feltclotb in atank containing paraffine melted from the bottom by steam· pipes. The, saturated cloth is then placed on top pf the paper and the operation is repeated until the stack is of the desired height. The pan and paper are thenplR'ced in a box heated by steam-pipes. and after half an hour are taken 'out, ithe felt is removed, arid the paper placed in another pan. and in a . press simjlarto ",.letter-press. Which forces out the surplus wax. The paper IS. then placed on a table heated by coils of steam-pipes under it, and the sheets ate separated by hand, and, when necessary, smoothed with a piece of felt or a .fiat-Iron.; Held, that defendant's process is not bY machinery or the means descr,ibed II/..tbe patent, ,is not an infringement.
FOR .INVENTIONS-INFRINGEMENT-PROCESS OF MAKING WAX PAPER.
WlChe1manandotbers.l: . , Prost & (loe an(1' J'eBseA. Baldwin; for complainant. Mason ,&,Eimi$ lmd' A.. B. Jenk8, for defendants.
.:pm by the' Hammetschlag Manufacturing Company against Fred A.
GRESHA:M:, J., (orally.) The plaintiff seeks to restrain the defenilants from infringirigthe' fifth claim of reissued patent No. 8,460, granted to Siegfried Hammerschlag, for a "process of making wax paper by ma'chiner)"." The claim reads: ' ""The method'herein spt forth of waxing paper, consisting in the
The paper:'is passed from a supply reel over a heated revolving oyl:illder, partly submerged in a vat containing melted paraffine; thence 'over a heated:rol1er,which diffuses·the wax equally; thence over a soral'erjw'hieh removestheiSurp]us wax; and finally over a polishing roller. 'to the first cylinder removes the surplus wax,and .distributes'what remains uniformly-over the cylinder.
wax upon the su'rface, heating the paper from the opposite side to spread and fusethe'wax in tbefabric of the removing the surplus wax, and remelting and poIisllingthe wax upon the paper, as set forth."
Eduooteddruggists and others knew how to oil :and wax papeJ:Hlong before the date of 'this One of the and. pro. c.ciuntry and in E:urope was that of upon a heated stove a copper plate of proper size, upon which a piece of paper was laid, and rubbed over with the desired waxing substance. Any surplus wax remaining, was removed with 8 piece of cloth. Experiencesoon demonstrated ,that the melted wax would pass through and' permeate a number of sheets. As early as 1864, Wichelman waxed fine, tissue paper with butter, lard, sW'eet oil, .peanut oil, oil, arid'cottonseed oil, spd in 1871 he successfully used paraffine for the same purpose. In 1874 he placed in a tin PaIl; 8 stack of dry paper, on top of whi<Jh he laid apiece of paraffine wax,and then placed the pan and its con,tents ina heated .oven, where it remained long enough for the wax to melt and soak through the paper. After the paper had sufficiently a15scirbed the itwas removed from the pan, and placed upon a plate .of iron,provided at either end with legs, long enough to make an air spacebetwoon 'the plate and a furnace or stove upon which it rested, and the paper was then smoothed and removed sheet by sheet;, In January, 1886, Wichelman commenced theprocesswhjch, it is insisted, infringes, the fifth claim. ,He laid 100 sheets of paper in a tiIl,piih; and then dipped a piece oifelt cloth in a tank cpntaining paraffine melted by the bottom. He placed the saturated cloth on top of the paper, and repeated this operation until the !ltack wa,s of the desired The P8:n coomiriing.the paper Wll,S theIl placeq. in ,8, boX, heated by steam-pipes, wher,e it remained fur, ·half an hour. The paper w;as then taken out, the,felt removed,and the paper put into another pati,and placed in 8 preSj; siit1ilar to 8 py whic4 t4e surplus then placed upon a table ,heated wax was forced out. The. paper by coils of steam-pipe adjusted under it, where the sheets weresepaemployed ,for that ,piirpose,each. sheet being' smoQthed, with a of felt or While this was an improvement upon the old mode, it was nevertheless a hand process, and not a process by machinery, or the means described in the Hammerschlag patent. The bill is dismissed for want of equity.
CoNSERVA. 1 '
POR FORFEITUlUll. :
(Dilb-ict Court, E. 1). Nf/ID York. March 5,1889.),
The crime necessary to be showuin order to.secure a,forfeiture of a vessel under section 5288, Rev. St. U. S., consists of an 'act done within the limits of the United States, with the intentthatth, vessel in'connection with. which the act is done shall be eJ;llployedin. the service' of some foreigIl. .;prince. or state, or colony, district, or people, as a cruiser or 'committer' of '!iostilities