Page:Federal Reporter, 1st Series, Volume 2.djvu/717

 710 TEDERAL REPORTER. �to xyloidine, when it had become such and haJ been freed from the converting aeids, and while it remained in that Btate, would act upon it to bleach it. The defendant treats paper with acids to make xyloidine, then washes ont the acids. then grinds it, and, while it is being ground, applies bleaching powders to it. The evidence is satisfactory that one of such bleaching powders is permanganate of potash, and that it was a well-known and ordinary bleaching agent at the time of the plaintiff's invention. Therefore infringe- ment is established. �It is contended for the defendant that the claim in regard to bleaching does not claim a patentable invention, beeause it is merely the use to bleach xyloidine of what had been before used to bleach fibrous material not converted into xyloidine. The true view is well expressed by Professer Seeley, the plaintiff's expert. The defendant's expert, Mr. Edward S. Eenwick, had cited four English patents, those to Martin, No. 7, of 1864, to Keeves, No. 2,797, of 1860, to CoUyer, No. 550, of 1859, and to Eeeves, No. 3,293, of 1866, as describing the treatment of vegetable fibre with a solution of chloride of lime or of soda, substantially as the plaintiff's patent describes xyloidine as being treated with a solution of chloride of lime or of soda. Professor Seeley says: "The patents referred to by Mr. Eenwick cover inventions relating to bleaching, by means of ordinary bleaching agencies, the ordinary fibrous substances which are used for clothing, paper stock, etc. I do not find in them anything which has more bearing upon the novelty of Spill's invention than what might be included in the matter which Spill regards and de- fines as old and well known. Previous to Spill's time, the ordinary bleaching materials and methods were only applied to a peculiar class of substances, namely, those substances of fibrous character which were useful only by reason of that fibrous character. Spill's invention brings the utility of bleaching upon a new kind of material, and brings it where it was very desirable, but where it was supposed to be imprac- ticable. It is true that pyroxyline" (xyloidine) "has a fibrous structure, but this fibrous structure is not any essential or ����