PEDKBAL REPORTED.
The patented process provides for the treatment of beer when it is in the Kraueaen stage by holding it under automatically controllable pressure of carbonic acid gas by appropriate mechanical devices. When this stage ends the process is fully accomplished, and, in the understanding of the trade, the Krauesen stage terminates when the casksc6ntaining the liquid are Qunged. , Now, although it is admitted', that the respondents use the Guth patented bung, by means of which the complainant's process may be practiced, yet it iR satisfactorily shown by all the evidence that it is not used as long as the beer works out,of the bung-hole of the shavin,gs cask{l, but only when the are bunged, and,so when the patented process is, by its express)irp.itation, inapplicable. And this bung is not;8ven to produce any result contemplated, by the complainant's process, but only off the beer from the llhavings casks, and ,as a means of relieving them frqm I!-n excessive pressure of carbo,nio acid gas. Weare, therefore, of opinion that the respondent is, not ShOWIl to have used the complainant's proclils8, and so to have infringed iis patent, a:Q,(i that the bill must be dismissed, with costa.
SPILL ". CKLLULOID MANup'a Co.(Oircuit Oourl, 8. D.NtJUJ York. Jauuary 25,1882.)
L LETTERS PATENT No. 97,454-CONSTRuCTION OJ'. Letters patent No. 97,454 contains no suggestion that camphor itself, or a solution of camphor in any thing which would dissolve it, is a solvent of xyloidine, Said patent is neither infringed by the use of wood alcohol in conjuncc tion with camphor, if suid wood alcohol is the same thing as wood naphtha, as BUch use is described in' Parke's patent, No. 1,313, nor if it be a new article, discovered since the date of the in said patent 97,454. The claim of said patent is expressly liInited to that alcohol which is spirits of wine, and does not cover methyl alcohol.
InEquity. Motion for injunction. H. M. Ruggles, for plaintiff. W. D. Shipman and, H. Baldwin, Jr., for defendant. BLATCHFORD, C. J. There is no suggestion in the specification of No. 9'7 1 454 that the plaintiff discovered that camphor itself, or a -Reported by S. Nelson White, Esq., of the New York bar.
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solution of camphor in any thing which would dissolve it, would be a solvent of xyloidine. Of the eight ,mixtures mentioned as solvents of xyloidine, camphor is in only' five. The discovery is that the· mixtures named are the solvents. If the wood alcohol used by the defendant is of itself a solvent of xyloidine, and is the same thing known as a solvent of it, under the name of wood naphtha, at the date of Parke's patent No. 1,313, the defendant ,may use it in con· junction with' camphor, because such use is made known in No. 1,313. If such wood alcohol is a new article, discovered since the plaintiff's invention, it may be used by the defendant, because the patent covers only the use of alcohol or spirits of wine with camphor; . and such new article is not alcohol or spirits of wine, and is not within the claim. The claim· does not cover anything which may be discovered subsequently to effect, in conjunction with camphor, as good a result in dissolving xyloidine as the use of alcohol or spirits of wine in conjunction with camphor. And even though the defend. ant's wood alcohol be methyl alcohol, and an article known by that name before the plaintiff's invention, it cannot be held that the plaintiff discovered the usefulness of it in conjunction with camphor to dissolve xyloidine, because his patent is expressly limited to that alcohol which is spirits of wine, and that is not methyl alcohol. The motion is denied, with costs.
WmTE and others .,.
HEATH.
(CMc'Uit Oourt, D. BMiJI lIlaM.)
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PATENT-ImmINGEMENT.
Changes in the details of construction of a patented article may be patentahIe as improvements, but they will not protect the party against the charge of an infringement of the original patent. 2. SllIE-INJUNCTION.
Where the validity of the original patent is not questioned by the defendant, capital has been invested in its manufacture, a succe88ful busin888 established, large and numerous sales have taken place without dispute, and exclusive passe88ion is sho wn for some time, a preliminary injunction will be granted.
In Equity. Petition for preliminary injunction. Wilmarth H. Thu1'ston, for complainants. WtIITf'en R. Pirce, for defendant.
