Page:Federal Reporter, 1st Series, Volume 7.djvu/115

 BUCKAN V. M KESSON. ���103 ���bolic acid, by printed matter on the boxes enveloping them. This fact, with the affirmative testimony as to their contain- ing carbolic acid, is suflacient to establish the fact, although by the lapse of time and by exposure they may, at a certain date, have so parted with their carbolic acid as to make it impossible appreeiably to recognize its presence. �The specification of the patent states that the "new soap compound, " which is the invention, is made by incorporating the acid with "ordinary soap." It then defines the word "soap," as used in the specification, to mean "any of the com- pounds of alkali with oil or fat which are known and used in the arts under that name." It also says that the invention is "applicable to all kinds of ordinary detergent soap," and that, when the acid is combined with soap, the detergent value of the soap is improved, while the properties of the acid are not masked or destroyed. It says that the acids named are well known for their useful properties, but it does not specify the properties. It also speaks of "satisfactory effects," but it does not state what effects are referred to other than such as are elsewhere mentioned. A "detergent" soap is a cleansing soap. "Detergent" means "cleansing." It is the nature of a soap to be detergent or cleansing. If the article is a soap, it is detergent. If it is not detergent, it is not a soap. What- ever is a soap, is a detergent soap. �The defendants contend that the patented invention cov- ered by the first claim of the patent existed before and was deseribed in a patent granted in England to Alexander Mc- Dougall, No. 2,510, dated October 15, 1860, and sealed April 12, 1861. The provisional specification, deposited October 15, 1860, states the invention to be for "improvements in materials or composition for destroying vermin on sheep and other animais, and for protecting them therefrom," and says : "My invention consists in the use of heavy oil of tar or dead oil, or crude carbolic acid, as it is sometimes called, or creo- sote, obtained in the destructive distillation of carbonaceous substances. These materials I treat with an alkali, and add a saponifiable fatty substance." �The fnll specification, filed April 15, 1861, says: "My in- ��� �