Page:Federal Reporter, 1st Series, Volume 7.djvu/117

 BUCKAN V. M KESSON. 105 �saponifiable substance ; that is, a greasy substance, wbicli, with the alkali, will saponify or make soap. He acts upon the acid or creosote with the alkali; that is, by the alkali. The acid or creosote is a liquid, and the alkali is to be put into it 80 as to act upon it, the action being to render it sol- uble or mixable with water. The mixture of acid and alkali is to be mixed with water. This mixture is to be heated and agitated so that all the parts of it may act equally upon one another. Then the saponifiable fat is to be added. Sapon- ification is to be effected, and the resulting substance is to have the consistency of a soft paste when completed, and is to be a substance which will be dissolved in water. One of the methods of the plaintiffs' patent is to dissolve the acid in an alkaline solution before fat is added. A mixture is thus made of acid, alkali, and water, the water being first mixed with the alkali and dissolving it, and then the alkaline solution dissolving the acid. McDougall makes a mixture of acid, alkali, and water before adding fat, by first putting together the acid and the alkali, and then adding the water. The two methods seem to be the same, so far as dissolving the acid before adding fat is concerned. The language of McDougall indicates that he regarded the carbolic acid which existed in the heavy oil of tar, or in the creosote, or in the analogous products obtained from the distillation of tar, as the efficient agent, the use of which he was availing bimself of by the use of those substances. His first claim is to the use of "carbolic acid" in preparing his composition to destroy vermin on animais. Carbolic acid did exist in the substances he names. As pure carbolic acid as that which existed when Seely and Eames made their invention, for which they took their patent in 1867, did not exist when McDougall took his patent in 1860. But the evidence shows that Ure's Dictionary, a standard English work, published in 1860, says that the "creosote of commerce appears to consist of a mixture of carbolic and cresylic acids;" and that, "if only that portion be received which distills at the temperature given by Eeichenbach as the boiling point of creosote, it will, if prepared from coal oil, consist almost entirely of cresylia ��� �