Page:Federal Reporter, 1st Series, Volume 7.djvu/119

 EUCKAN V. m'kESSON. 107 �tiffs' specification says nothing about using beat at all, or about agitation, except as beat and agitation are implied by the use of such expressions as the specification contains. McDougall speaks of beat and agitation, and acting equally upon all the parts of the mixture, before the fat is added. Then the lan- guage is such as to imply necessarily the use, after the fat is added, of such means as were then well-understood means to saponify and to produce an article having the consistency of a soft paste. Heat and agitation were such means. If pot- asb, which McDougall names, as an alkali, be used, a per- manently soft soap results. The article resulting from Mc- Dougall'a process is a soap, whether, as a soft soap, it be used as a salve for animais, or be dissolved in water and be used as a bath for animais, or, as a bard soap, be used as hard soaps are used. �The part of the specification of the plaintiffs' patent which disclaims certain mixtures bas not been overlooked. It refera to those mixtures as having in them gas tar and the dead cil of gas tar, containing a small proportion of carbolic acid, and to the dead oil of gas tar as having been formerly sometimes known under the name of crude carbolic acid; and it states, as reasons for disclaiming such mixtures, that they did not owe their efficieney to the small proportion of carbolic acid contained in them, and that they were impracticable for the purposes to which soaps are applied. These reasons are shown by the evidence to be unsound, as applied to McDou- gall's mixtures. The carbolic acid in them was efficient, and it was efficient to the extent to which it existed in them, and they were soaps, They were not impracticable for the pur- poses to which soaps were then applied. Soaps made with the purer carbolic acid which existed in 1867 may be appli- cable to purposes to which soaps made with less pure carbolic acid cannot be applied, but that sho'v^B only a difference in degree and not invention. �The bill is dismissed with costs. ��� �