Page:Federal Reporter, 1st Series, Volume 4.djvu/743

 GIANT POWDER CO. V. CAL. VIGOBIT POWDEB CO. 729 �tions of other parties during the intermediate period, or that which had gone into public use. �We do not attach to the general language used by Nobel in the first patent, following the statement of the nature of his invention, the significance ascribed to it by counsel. Wa give it a different construction. The statement is that "the nature of the invention consista in forming out of two ingredi- ents long known, viz., the explosive substance nitro-glycerine, and an inexplosive porous substance hereinafter specified, a composition which, without losing the great explosive power of nitro-glycerine, is very much altered as to its explosive and other properties, being far more safe and convenient for trans- poriation, storage, and use than nitro-glycerine." �Following this statement is this language: "In general ierms my invention consists in mixing with nitro-glycerine a substance which possesses a very great absorbent capacity, and which at the same time is free from any quality which will decompose, destroy, or injure the nitro-glycerine or its explosiveness." The substance here mentioned as possessing a great absorbent capacity has reference not to any absorbent substance, but that which is speeifically designated in the preceding statement of th'e ingredients of the compound, as if the inventer had said : "In general terms, my invention con- sists in mixing with nitro-glycerine a substance which pos- sesses a very great absorbent capacity, which substance is porous and inexplosive, and is hereinafter specified." The in- explosive porous substances afterwards specified were certain kinds of silicious earth, or silicic acid, known under the gen- erai term of silicious mari, tripoli, rotten stone, and the like, the best of which was composed of the remains of infusoria. �This construction renders it unuecessary to give a forced meaning to the term "inexplosive," and is consistent with ail ihe preceding and subsequent statements and conduct of the inventor as disolosed in the hislory of his invention. It no- where appears that he had any knowledge or belief, when the first patent was issued, that the admixture of nitro-glycerine with explosive substances would produce a safety powder. That was a discovery which he did not make, or claim to have ����