Page:Federal Reporter, 1st Series, Volume 9.djvu/318

 TUCKEB V. SAEGENT. ���303 ���must have been heated bo as to be oxidized, The kiki was sufficiently bot ; the coating of size was sufficiently thin. That there was no oxidation rests in theory alone. The second reason is that the coat- ing was too thick to make genuine Tucker bronze, and the plaintiO'a counsel quote the language of the specification to show the stress which the patentee placed upon the thinness of the oil coating. Upon this point I think the plaintiff is right. There was oxidation, but there was a coating of baked size over the oxidized iron, which was a different thing from the resuit produced by the plaintiff's process. The articles which were manufactured did not have the beauty of Tucker bronze, but presented the appearance of a vamished or painted article. It follows that bright cast iron oxidized, and cov- ered with a coat of oxidized oil, varnish, or size, may be, but is not necessarily, Tucker bronze. �Tucker bronze is a new surface of the iron produced by the joint oxidation, or by the successive oxidations, of the iron and a film of oil or varnish thereon, by means of high beat, and is not a new coat- ing of oxidized oil or varnish upon the iron. The oil must be applied in such a way that after oxidation there is no substantial covering of baked oil upon the surface of the iron. The surface of the iron is a bronzed surface, becatise the film of the oil is so thin and is so closely united with the pores of the iron as to be almost a part of it, and does not form a substantial covering like a coat of varnish over the surface of the iron. In Tucker bronze, which has been subjected to one heat, the film of oil can with difficulty be scraped off with a knife. When the iron has had two or three successive applications cff oil, and has been heated two or three times, the oil cornes off by scraping, in the form of little flakes or of powder. �Tueker's discovery was that bright cast iron, covered with a thin film of oil, would take on, by the action of high heat, a new surface resembling bronze. The defendant covers the oxidized surface of the iron with an oxidized coat of varnish. It does what Brocksieper did in 1857, except that it takes two steps instead of one to accomplisb the resuit. �Let the bill be dismissed. ��� �