Page:Federal Reporter, 1st Series, Volume 5.djvu/75

 BRIDGEPOBX WOOD FINISHING CO. t. iiOOPES. 68 �The Bbidgepobt Wood Finishing Co. v. Hoopek and another. �(Gireuit Court, D. Conneeticut. November 27, 1880.) �1. Patent Pbocesb— Wood Fiilbr. — The patent granted to James Perry, dated September 11, 1866, does not authorize an infringement of the patent granted to Nathaniel Wheeler, dated January 18, 1876, for a " new and Useful procesa for flUing the grain and finishing the surfaces of woods." �% Bamb — Chemical BiMii.AniTT. — Agrant of the exclusive right to vse, infusorial earth, or silicious mari, as a wood Aller, does not also give the right to use quartz, flint, or feldspar, although it be conceded that each of the five articles is, substantially, silica. — [Ed. �S. J. Gordon, for plaintiff. �Morris W. Seymour, for defendants. �Shipman, D. J. This is a bill in equity, founded upon the alleged infringeràent of letters patent dated January 18, 1876, to Nathaniel Wheeler, assigner of the plaintiflE, for a "new and useful process for filling the grain and finishing the surT faces of woods." �In the cabinet-maker's art it is necessary that the grain or the pores of the wood upon the surface should be filled with some materiàl in order that the surface may be smooth, resist moisture, and receive a permanent polish. Divers materials and combinàtions of materials, such as bees-wax, copal, starch, pumice stone, plaster of paris, and varions gums bave been used, but ail proved ineffectuai. They absorbed the varnish which wàSused for polishing, shrank, roUed out, or discolored the woOd. What was needed was a non-absorbent, transparent article which would fill the pores and make a permaneint, hard, smooth surface. �The process of finishing cabinet work without the use of a filler involved a large expenditure of money and of time. It is described by the patentee as foUows : �"I found" (in the Wheeler & Wilson Company's finishing departaient) "the System or process of finishing to bc, first, as the work came from the cabinet maker to give it a heavy coat of oil; to let that dry a week or more; then sand-paper ����