Page:Federal Reporter, 1st Series, Volume 4.djvu/742

 728 pedeeaIj bkporteb. �ambiguîty, we can examine into the history of the invention patented, so as to be able to read the specifications in the light of the inventor's knowledge. We can place ourselves in his position so as to see, as it were, -with his eyes, and speak with his language. The nataral signification of the term "inexplosive" would exelude explosive absorbents; and, where an attempt is made to qùalify and limit this meaning, we are at liberty to inquire into the circumstances under which the term was used. It was held by the supreme court of Califor- nia, in construing an agreement concerning the boundary line of mining claims, where the term "north" was used, that it was competent to show by the usage of the place that it had reference to the line indicated by the compass there, and not to a line due north and south, according to the tnie meridian. Jemiy Lind v. Bower, 11 Cal. 194. �Now, reading the history of the labors of Alfred Nobel to utilize the explosive power of nitro-glycerine and render it safe to transport, handle, and use ; the experiments he tried, first to explode the nitro-glycerine in mass, then, in conse- quence of the dangers attending its use, to prevent its explo- sion when handled ; the patents he obtained in Europe ; his experience in the use of gunpowder and other explosives with nitro-glycerine, — it is impossible to believe that he intended anything different from the natural meaning of the term he used. He knew well the danger attending the use of nitro- glycerine with explosive absorbents ; and, in limiting his claim to its use with inexplosive absorbents, we must presume that he at that time intended to abandon ail claim to compounds of a different character, or at least to leave such claim open for further consideration. If we read his own language, in an application made three years afterwards for a new patent for a compound with explosive absorbents, presented to the commissioner of patents by the complainant, and therefore adopted and approved by it, there can be but little doubt on the Bubject. Soon after the new patent was obtained the application for a re-issue was made, evidently that it might reach back to the date of the original patent and cover inven- ����