Page:Federal Reporter, 1st Series, Volume 1.djvu/354

 3e6 FEDEBaL BEPOBTEB. �dusi, produced by sawing and dried; that they have never treated it with any acid or liquid, and have never boiled it in a solution of soda or any other solution; that, when dried, it is mixed with dry and pulverized nitre; and that that mix- ture is mixed with nitro-glycerine. It is contended, for the plaintiff, that the defendants' powder infringes his patent, because it is made aceording to process No. 1 therein. The arst claim of the patent is for the process set forth. The second claim is for the compound made by the process set forth. The process is made essential in each claim. The process for preparing the cellulose is to treat the grains of wood or sawdust with diluted aoids and then boil them in a solution of soda. They are then dried and mixed with nitre and nitro-glycerine. The defendants do not treat the sawdust with any acid or boil it in any solution. The plaintiff con- tends that the treatment of the sawdust or wood fiber with the acids and the alkali is designed to rid it of impurities, and leave the carbon, as the explosive force of the mixture depends on the purity of the carbon; and that the advantages of the compound are attained by the defendants, though in an in- ferior degree. But the difficulty is that the defendants use nothing in the place of the treatment by acids and an alkali, and the plaintiff has made such treatment essential, and does not say that it may be dispensed with. It is an essential part of the process, and is not used, nor is any chemical equiva- lent for it used. The compound is claimed only when made by the process set forth, and the process is claimed only as set forth. �It is unnecessary to pass on any of the other numerous questions diseussed on the motion. The motion is denied because of non-infringement. ��� �