Page:Federal Reporter, 1st Series, Volume 2.djvu/714

SPiLL V, celluloïd manuf'g 00, 707 �Spill V. The Celluloïd Manufactubing Gompant. �(CircuU Court, S. D. New York. May 25, 18S0.) �Patent — Impeovbment in DissoLViNa Xyloidine for use in the Auts. �Horace M. Ruggles and Edward M. Felt, for plaintiff. �William D. Shipman, Henry Baldwin, Jr., and E. Luther Hamilton, for defendant. �Blatohford, C. J. This suit, on the proofs, involves two patents granted to the plaintiff. One is No. 97,454, granted November 30, 1869, for an "improvement in dissolving xyloid- ine for use in the arts." The specification states that the "invention relates to the preparation and use of certain solv- ents of xyloidiney and which differ from the ordinary known Bolvents of xyloidine, in that these menstrua which are em- ployed are not, necessarily, in themselves, solvents of xyloid- ine, but beconae so by the addition of the bodies, compounds or substances herein referred to." It alao states that the invention consists in the employment of eight different solv- ents. Only the second solvent is alleged to have been used by the defendant. It is thus described in the specification : "Camphor or camphor oil, or mixture of the same, in con- junctiou with alcohol or spirits of wine, the same to be em- ployed in about equal proportions." The claim is in these words: "The preparation and use of solvents of xyloidine, such as have been before described, so as to render xyloidine more easy of conversion into compounds coutaining xyloidine, which are suitable for applications in the arts and for indus- trial purposes." The defendant has infringed this claim by using camphor, in conjunction with alcohol, as a solvent of xyloidine. The defendant mixes ground and dried xyloidine with pulverized dry camphor, and then immerses the mixture in alcohol until the xyloidine is dissolved. It is dissolved by the joint action of the camphor and the alcohol. Neither alone is a solvent of xyloidine. It is immaterial, so far as the invention and the claim of the patent are concerued, whether the camphor and the alcohol are mixed so as to dis- ����