Page:Federal Reporter, 1st Series, Volume 1.djvu/209

 DOWNTON V. YAEGER MILLING CO. 201 �certain effects ■H'Oiild be produced; that is, such use flattena the germ or embrj'onic part of the berry, and alsQ the pellicle, by a crushing instead of a grinding prc-cess. It is very obvi- ons to any one -who bas looked into this sabject that if this grinding process is continued, whereby ail the matter of the berry, including the germ — which seems to be the most obnox- ious part of the wbole — is mixed, then, instead of getting a first quality of llour, you have flour that is somewhat infe- rior in its character; for this waxy germ, in itself, has no especial nutritive property, but damages the flour tlu-ough varions causes. Hence, if you can take that out in the first instance, so that it shall not be ground into the body of the flour, it is certainly a most beneficial efïoct. To do it you must crush, not grind, for this little embryonic pariiic'.e is so very minute that, unless you ilatten it, it may, und-jr trit- uration or grinding, pass into the middlings, and if you grind the middlings it will go into the body ot the flour. So that tho true construction, and the only construction, t!i:tt v,'û\ uphokl this patent is the interjection of those rolls îietwoeu the first and second grinrïïiigs of the pnvified middliii',';^. Ey that means fhc fluffy ma'ter wonld l)e tlirown oiT, Icavinj the tailings to be operuted upon thereaficr. �Then cornes the next quoslion : If t'iat be the trr.e reading of the patent, did this defendant use anything but the two chilled ii'on rolls at that stage of the process? The evidence is very nncertain on that point. Sonie say that unïV;r the Wegmau patent porcelain rolls were usod at varions stages. But no matter as to that. This question is one to v,-hich the court askod particular attention, nainely : here is a statement that by the use of rolls in a particular stage of this process certain bciieficial rosults Ciin be had; that is, a flattening of the germ so that it will not pass throiigh the bolts. Now is that to be construed in this way; that any dcvice that migh: at any tinie thereafter be had, whereby such a resuit may oecur, is covered by this patent? It seems that anterior to this patent Mowbray and others had been using rolls, and in that very stage of the process, but the contention was that tho particular rolls that they were using did not effect the' ��� �