Page:Federal Reporter, 1st Series, Volume 9.djvu/568

 WIL80N PACKING CO. V. CHICA.GO PACKING & PROVISION 00. 553 �prefer to make with four aides. * * * In piieking cooked meats it is done by means of a plunger through an apertnve in the large liead, h, which opening is afterwards hermetically sealed by meaus of a cap or plate, d. * * * ihe can is to be opened at the larger end, at or near the shoulder, by means of a suitable can-opener, so that when the can is reversed a slight tap ou the smaller head will cause the solidly-packed meat to slide ont in one piece, so as to be readily sliced as desired." �The claims in controversy here are the first and third : (1) "A can for packing food hermetically sealed, and constructed of pyram- idal form, with rounded corners and offset ouds to support the lieads, said heads being secured as shown and described." �(3) "As an improved article of manufacture, solid meat compresseJ and secured within a pyramidal case or can, so that said can forms a mould for the meat, and permits Its discharge as a solid cake, sabstantially as specified,'' �And to these claims defendants interpose two defencea : (1) That the patent is void for want of notelty so far as the two features or claiins in question are coneemed. (2) That defendants do not infringe. �It will be seen that the case or can coveied by this patent must have certain features or characteristics : �(1) It must be of "pyramidal form, with rounded corners." (2) It may have " any number of sides," although the patentee " prefers four sides." (3) It must have "rounded corners," and the ends must be " slightly flaring," to form shoulders, against which the " head or end pieces rest." �There are some further details of construction, such as the mode of fastening in the heads by turning the flaring edge of the can inward over the flange of the head so as to make three thicknesses of metal, and, as he said, make a tight joint "with or without solder," and leaving an aperture or stud hole in the large head through which the meat is to be forced, which hole is to be closed by a cap. But as no notice is taken of these in the claims, we presume they are not con- sidered as of the substance of the patent. Bv a stipulation filed in these cases, found on page 942 of defendants' record, it is admitted that "conical tin cans were made and used for canning alimentary substances, and sealed air-tight, prior to the date of the Wilson pat- ents that are the subject of controversy in these cases." �The proof also shows that the French patent of one Emile Peltier was recorded in April, 1869, wherein he described pyramidal-shaped cans for the preservation of food, by hermetically sealing such cans. We may also add to this, from our common knowledge, the well-known glasses and moulds used by housekeepers in domestie life for preserv- mg jelliea, boned turkey, head-cheese, etc., which were all, from the ��� �