Page:Federal Reporter, 1st Series, Volume 7.djvu/114

 102 FEDERAL REPORTER. �the name of crude carbolic acid; but the mixtures so made did not owe their efficiency to the small proportion of car- bolic acid contained in them, and they were im2Dracticable for the purposes to which soaps are applied. We therefore disclaim all such mixtures. By carbolic acid and cresylic acid we mean the chemical products known under the names respectively of phenol or phenylic alcohol, and cressol or cresylic alcohol." �The claims are as follows : "(1) A soap made by incor- porating carbolic acid, or its equivalent, with ordinary soap, substantially as above specioed. (2) The combination of carbolic acid, or its equivalent, with the oils and fats to be used in the manufacture of soap. (3) The combination of carbolic acid, or its equivalent, with alkaline solutions to be used in the manufacture of soap." The persons who were the exclusive owners of the re-issued patent on the third of December, 1879, did on that day, with the consent of the per- sons who were then the owners of the exclusive right under the patent for the United States east and south-east of the Eocky mountains, file a disclaimer disclaiming the words: "and to several saponaceous compounds prepared for imme- diate use," �It is claimed that the defendants have infringed the first claim of the patent by selling a soap made by incorporating carbolic acid with ordinary soap. The plaintifis' specification is not limited to a chemical incorporation of the acid as dis- tinguished from a mechanical incorporation. It describes three ways of making the incorporation, in orJer to show how the invention is to be practically carried out. But, in order to show infringement, it is not necessary to show that some one of those three methods of incorporation was em- ployed, or that any particUlar method resulting in a chemical union was used. It is sufficient if the soap has the carbolic acid in the body of it, in such way that the useful properties of the carbolic acid can be availed of in the lise of the soap, while the useful properties of the soap, as a soap, are at the same time availed of. The defendants, in selling the soaps they sold, represented them as containing 10 per cent, of car- ��� �