Page:Federal Reporter, 1st Series, Volume 10.djvu/302

 £90 FEDERAL BSPOBTXB. �The patented process provides for the treatment of beer when it ia in the Krauesen stage by holding it under automatically controllable pressure of carbonie acid gas by appropriate mechanieal devices. When this stage ends the process is fully aecomplished, and, in the understanding of the trade, the Krauesen stage terminates when the casks containing the liquid are bunged. �Now, although it is admitted tha,t the respondents use the Guth patented bung, by means of which the complainaut's process may be practiced, yet it is satisfactorily shown by all the evidence that it is not used as long as the beer works outof the bung-hole of the shavings casks, but only when the casks are bunged, and so when the patented process is, by its express limitation, inapplicable. And this bungis not eyen then used to produce any resuit cqntemplated by the coio- plainant's process, but only in racking off the beer from the shavings casks, and as a means of relieving them from an excessive pressure of carbonie acid gas. �We are, therefore, of opinion that the respondent is not shown to have used the complainant's process, and so to have infringed its patent, ai^d that the bill must be dismissed, wita uosta. ���Sphl ». Celluloid Manuf'o Go.* (Oireuit Court, 8. D. New York. Jaauary 25, 1882.) �L Lettkbb Patent No, 97,454 — Construction of. �Letters patent No. 97,454 contains no suggestion that camphor itself, or a solution of camphor in any thing which would dissolve it, is a solvent of xyloid- ine. Said patent is neither infringed by the use of wood alcohol in conjunc- tion with camphor, if said wood alcohol is the same thing as wood naphtha, as Buch use is described in Parlce's patent, No. 1,313, nor if it be a new article, discovered since the date of the invention described in said patent 97,454. The claim of said patent is expressly limited to that alcohol which is spirits of wine, and does not cover methyl alcohol. �In Equity. Motion for injunction. H. M. Ruggles, for plaintiff. �W.D. Shipman and H. Baldwin, Jr., for defendant. Blatchfobd, C. J. There is no suggestion in the specification of No. 97,454 that the plaintiff discovered that camphor itself, or a �•Reported by 8. Nelson White, Esq., of the New York bar. ��� �