Page:Federal Reporter, 1st Series, Volume 9.djvu/569

 554- FBDEKAL KEPORIEB, �very necessity of the uses to which they were applied, more or less flaring, conical, or pyramidal in shape, and made so, presumably, for the purpose of turning eut, or discharging, fhe contents in a Bolid calœ. If, therefore, there was occasion, at the time this pat- entee entered the field of improvement, to use a pyramidal or conical- shaped can or case, there was no need to call in the aid of inventive geniuB to secure or contrive its construction. Those who wantcd Buch a can or case had only to take those forms of cans then in general use, and adapt them, by mere meehanical changes, to the purpose for which they were designed. With these conical and pyramidal-shaped cans, well known and described in the art of pre- serring food, there was not only no room, but absolutely no need, for invention in applying them to the purposes of preserving cooked meats. There is nothing in the proof showing, or tending to show, that cooked meats require any different shaped cans to contain or preserve them than do other alimentary substances. The only advantage gained by this shape, suggested in the patent, is that the solidly-packed meat can be more compactly turned out of this form of can in a cake, so as to be readily sliced ; but it could be equally well turned out of, a conical can. In fact, a conical or pyramid-shaped or flaring can would seem naturally to suggest itself, from kindred uses in domestic Ufe, almost as part of the idea or suggestion of packing meat solidly in a can for preservation. To come within this claim of the patent, the can must not only be pyramidal in shape, but it must have "rounded corners" and "offset ends to support the heads." The cans shown in the proof to have been used by the St. Louis Beef Canning Company, and by Eobert D. Hunter, and others, are eight-sided pyramidal-shaped cans; that is, they are made with four narrow sides or panels and four wider ones, while those used by the Chicago Packing & Provision Company are pyramidal-shaped cans, with rounded corners. But this peculiarity of construction alone can hardly be deemed the subject-matter of a patent. In making a pyramidal-shaped can of sheet metal it is obvions that the corners would be naturally more or less rounded, unless speeiai pains were takento avoid that shape, and turnthe corners squarely ; and with conical, and pyramidal-shaped cans, known to the art, it would not seem to be invention to vary the form of construction by turning the corners with a curve instead of forcing the sheet metil forming the shell of the can into an angle more or less obtuse. In his specifications- describing the mode of coniructiug his eau ��� �