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30 F.2d 879

Docket No. 2098.

In re Trattner

District of Columbia Circuit Court of Appeals

Submitted January 14, 1929.

Decided February 4, 1929.

District of Columbia Circuit Court of Appeals · decided 1929-02-04

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1929-02-04

How this case has been cited

Cited by 12 later decisions — most recently April 1953

2 federal appellate · 2 district ·

601929193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1W. H. Finckel, Jr., of Washington, D. C., for appellant.

¶2T. A. Hostetler, of Washington, D. C., for Board of Appeals.

¶3Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

¶4MARTIN, Chief Justice.

¶5The appellant applied for letters patent for an alleged invention relating to remedial agencies, more especially for the treatment of diseases of the lnngs, as for instance tuberculosis and like ailments.

¶6The remedy consists of grated horse-radish boiled in honey to the consistency of a jelly, which is to be taken cold by the patient with “Balm of Gilead” as a tea. The patient should take two or three tablespoon Culs about midway between meals. The applicant states that the composition “aids to thicken the blood; relieves the anaemic condition; builds up the system; throws off disease, and heals the lungs rapidly, accomplishing this in two or three months if taken regularly.”

¶7The applicant’s claim was rejected by the examiner, whose decision was affirmed by the Board of Appeals, whereupon the present appeal was taken.

¶8It appears that the American Dispensatory, in discussing horse-radish on page 271, says: “The grated root with sugar to form a syrup with water, is excellent for hoarseness; a spoonful or two ma.y be swallowed as occasion requires.”

¶9The same authority, on page 520, treats of the medicinal value of honey as follows: “A very excellent preparation for coughs, especially duiing febrile or inflammatory attacks, is composed of honey, olive oil, lemon juice, and sweet spirits of niter, each one finid ounce, to be taken several times a day in half-fiuidrachm or fluidraehm doses.”

¶10The same publication discourses upon the medicinal value of Balm of Gilead, and on page 664 says: “The Buds of the Populus Candieans, or Balm of Gilead, possess similar virtues to the above. ■' Populas buds are reputed stimulant, tonic, diuretic, and antiscorbutic. A tincture of them has been beneficially employed in affections of the chest, stomach, and kidneys, and in rheumatism and scurvy. f ’’ Dose of a tincture of the buds, from one to four fluidrachms, which is excellent for colds and pain in the chest.”

¶11In Foster’s Medical Dictionary, p. 338, ii is said concerning the medical value of horseradish: “It is used as a condiment and medicinally as a remedy in scurvy, as a stomachic tonic, and, both externally and internally, in paretic conditions and chronic rheumatism. A mixture of 1 part of the juice of wild horse-radish root and 4 parts of honey.”

¶12The record does not show that the combinations set out by appellant result in any new chemical composition, and it is fair to *880assume that they' are mere aggregations. The' references disclose that the medicinal value of the various ingredients composing the applicant’s preparation has long been known by the public, and serve as an anticipation of appellant’s claim.

¶13The decision appealed from is accordingly affirmed.

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