Page:Federal Reporter, 1st Series, Volume 9.djvu/567

552 FEDERAL REPORTBR. �mode of preserving meat pointed out in the patent of William J. Wil- son uniess it is in putting the meat while warm with cooking into the box or case. Can that be said to be patentable as a part of the mode of preserving meat, even if it be conceded it had never been doue before? We think net. No more than if, prier to the date of the William J. Wilson patent, in order to preserve meat, it had never been put into a can or case thoroughly cooked. Neither of them seems to require ingenuity or the exercise of the inventive faculty. It is manifest, when we consider what was known at the date of the William J. Wilson patent, that these or other methods could be adopted of putting the meat into the case or can for preservation without encroaching upon the domain of the invention of any one. �There can be no doubt that, within a few years past, the metnod of preserving meat adopted by William J. Wilson has caused the article to be extensively used and sold in the marketsof this and other coun- triea. That argument has been pressed with great force upon the court in this case. �It may be admitted that, in all doubtful cases involving the validity of a patent, the fact that a mode described in the patent has gone into extensive use has and often will induce courts to decide in favor of the patent. But, while this is so, courts ought not, merely because of such use, to sustain a patent. The rights of the public are to be protected as well as those of individuals, and a monopoly should not be allowed uniess the right to it is clearly shown. But the true ex- planation of the success which has attended this and similar modes of preserving meat may be in the fact that there has been a tendency in the public of late years to use all kinds of canned meats and fruits to a much greater extent than formerly, owing to the increased care and skill in their preparation and packing ; and we think all William J. Wilson and those, who act under him can claim is, that they have been particalarly careful in selecting, preparng, seasoning, cook- ing, and canning their meat, by which it has acquired a high rep- utation ; and upon that, in our opinion, they must rely, and not upon a monopoly under the patent law. �The John A. Wilson patent, of October 23, 1877, reissue No. 7,923, is for "an improvement in metallic cases for containing cooked meats, �* * *" and, as he describes it, — �" Consists in a pyramidal-shaped can, having rounded corners and botli ends slightly flaring, to form shoulders, against which the head or end pieces rest. �* * * A represents the body of my can made in the form of a truncated pyramid, with rounded corners, and of any desired number of sides, though I ��� �