Page:Federal Reporter, 1st Series, Volume 1.djvu/339

 ATLANTIC GUNT POWDER CO. V. DITTMAR POWDBB 00. 331 �the use of the word "inexplosive" in that art, which has the effect of sho-wing that the word "inexplosive" was used in the original patent, No. 78,317, in its literal and ordinary sense, and not in the special sense of a substance not liable to ex- plode by accidentai concussion. Eeference is made to No- bel's provisional English specification, filed May 7, 1867, which speaks of mixing nitro-glycerine with "porous, inex- plosive substances, such, for instance, as charcoal and silica," and to bis full English specification, filed March 6, 1867, (both of such specifications pertaining to a patent for an invention communicated by Nobel, dated May 7, 1867,) which speaks of causing nitro-glycerine to be "absorbed in porous, inexplosive substances, such as charcoal, paper, silica, or sim- ilar materials, whereby it is converted into a powder which I call dynamite or Nobel's safety powder." Eeference is also made to the fact that the specification of No. 78,317 states that "porous charcoal has also a considerable absorbent ca- pacity, but it has the defect of being itself a combustible material." Eeference is also made to the specification of a patent granted by the United States to the plaintifif and the Giant Powder Company, No. 141,455, August 5, 1873, ap- plied for June 4, 1873, the specification being signed by Nobel, which says : "I bave, in former specifications, on which letters patent have been granted to me, described the use and effect of the mixing of nitro-glycerine with other explosives, such as gunpowder, gun-cotton, etc., and also the mixing of nitro-glycerine with non-explosive substances capable of ab- sorbing the nitro-glycerine, and bave described the advantage obtained from such mixtures, in greatly increasing the explo- sive power of such explosives, and in doing away with the extreme danger of handling nitro-glycerine in à liquid condi- tion, and the facilitating of its use for blasting purposes. " �The specification then sets forth and claims an explosive compound made by mixing nitro-glycerine with a pulverized nitrate like nitrate of soda, or its equivalent, and a pulver- ized Carbon or hydro-carbon, like resin, or its equivalent, with or without pulverized sulphur, the compound being one which may be handled with safety, and will, when not under ��� �