Page:Federal Reporter, 1st Series, Volume 9.djvu/562

 ■WILSON PACKING 00. ». CHICAGO PACKIKG & PBOVISION 00. 547 ���WiLSON Paokino Co. and another v. Chicago Packino & Pro- vision Co. �Samb V. St. Louis Bbep Canning (Jo. �Samk V. Hdnteb and others. �{Oireuit Court, iV. 1). Illinois. November 25, 1881.) �L Lettbrs Patent— Cooked Meats. �Keissued letters patent No. 6,370, daled April 6, 1875, and issued to "William J. Wllson, for a new and usef ul improvement in the process for preserving and packing cooked meats for transportation, — consisting in thoronghly cooking the meat by boiling it in water, remoring the bone and gristle, then placing it, while yet warm with cooking, into a box or case and pressing it by some suit- able apparatus with sufflcient force to remove the air and all superfluous moist- ure, and make the meat form a solid cake, and, anally, closing the box or case air-tight upon the meat,— are void for want of novelty. �2. Samb— Samb. �Claim 1, of reissue No. 7,923, dated October 23, 1877, and issued to John A. Wilson, for an improvement in raetallic cases for containing cooked meats, which is for a can for packing food hermetically sealed, and constructed of pyramidal form, with rounded corners and offset ends to support the heads ; and claim 3, which is a daim as an improved article of manufacture, of solid meat compressed and seoured within a pyramidal case or can so that said can forms a mould for the meat, and permits its discharge as a solid cake^ — are also TOid for want of novelty. �3. Sauss op Pkodoot of Patented Pkocess — EvroENCE of Validitt. �In all doubtful cases involvlng the validity of a patent, the fact that the article made by the use of the process described in the patent has been exteu- sively sold is a consideration of great weight with the court, but it is not enough per se to sustain the patent. �Weat e Bond and Munday, Evarts & Adcock, for Wilson Packing Company, �John N. Jewett and Offield de Towie, for Libby, McNiell & Libby. �William H. Clifford and B. F. Thmston, for all complainants. �Noble d Orrick, Cohurn d Thatcher, E. N. Dickinson, and Eldridge ti Tourtehtte, for defendants. �Before Deummond, C. J., and Blodgett, D. J. �Peb Cukiam. The cases have all been argued together, and in- volve the same questions of law and fact, and are fouuded upon the reissued patent of William J, Wilson, No. 6,370, of April 6, 1875, for a new and useful improvement in the process for preserving and packing cooked meats for transportation, and in the reissued patent of John A, Wilson, No. 7,923, of October 33, 1877, for a new and useful improvement in metallic cans for containing cooked meat. The reissued patent of William C. Marshall, No. 6,451, of May 25, ��� �