Letters-patent No. 168, 164, issued September 28, 1875, to Alfred B. Lawther for a new and improved process for treating oleaginous seeds was a patent for a process consisting of a series of acts to be done to the flaxseed and, construed in the light of that knowledge which existed in the art at the time of its date, it sufficiently describes the process to be followed; but it is limited by the terms of the specification, at least so far as the crushing of the seed is concerned, to the use of the kind of instrumentality therein described, namely, in the first part of the process, to the use of powerful revolving rollers for crushing the seed between them under pressure. Moistening the flaxseed by a shower of spray in the mixing-machine, produced by directing a jet of steam against a small stream of water, does in fact "moisten the seeds by direct subjection to steam," and thus comes within the clause of Lawther's patent. A license from the plaintiff in error to the defendants in error cannot be implied from the facts proved in this case. BILL IN EQUITY to restrain infringements of letters-patent. Decree dismissing the bill. Complainant appealed. 21 Fed. Rep. 811. The case is stated in the opinion of the court. VOL. CXXIV-1 Opinion of the Court. Mr. John W. Munday for appellant. Mr. Edmund Adcock was with him on the brief. Mr. Charles E. Shepard for appellee. MR. JUSTICE BRADLEY delivered the opinion of the court. The appellant, Alfred B. Lawther, filed his bill in the court below against the appellees, alleging that they were infringing a patent granted to him on the 28th of September, 1875, for certain improvements in processes of treating oleaginous seeds,. and praying for an account of profits and damages, and an injunction. The Circuit Court, being of opinion that the patent could not be sustained as a patent for a process, (which it was claimed to be,) dismissed the bill. We are called upon to revise this decision. In the specification of the patent the patentee states that the object of his invention is "to improve the process of working flaxseed, linseed, and other oil seeds, in such a manner that a greater yield of oil is obtained at a considerable saving of time and power in the running of the crushing, mixing, and pressing machines, while also a cake of superior texture is produced." The specification proceeds as follows: "Hitherto it has been the practice to crush the oil seeds between revolving rollers, and completing the imperfect crushing by passing them under heavy stones known as the edge-runners or mullers, under addition of a quantity of water, the crushed and moistened seed being then taken from the muller-stones and stirred in a heated steam-jacketed reservoir preparatory to being placed into the presses for extracting the oil. "This process has been found imperfect in regard to many points, but mainly on account of the over-grinding of portions of the seed and the husks or bran when the seeds were exposed for too long a time to the action of the muller-stones, so as to form a pasty mass and produce an absorption of oil by the fine particles of bran, while on the other hand the undergrinding, by too short an action of the stones, rendered the Opinion of the Court. presses incapable of extracting the full amount of oil from the seed. * * * * * "My process is intended to remedy the defects of the one at present in use, and consists mainly in conveying the oil seeds through a vertical supply-tube and feeding-roller at such degree of pressure to powerful revolving rollers that each seed is individually acted upon, and the oil-cells fully crushed and disintegrated. They are then passed directly, without the use of muller-stones, to the mixing-machine to be stirred, moistened, and heated by the admission of small jets of water or steam to the mass, and then transferred to the presses. "The oil seeds are by my new process first conveyed to a hopper and fluted seed-roller at the top of an upright feed-tube of the crushing-machine, by which the seeds are fed, under suitable pressure, to revolving rollers of sufficient power, which run at a surface speed of about one hundred and fifty to two hundred feet per minute. "The pressure on the seeds in the feed-tube is necessary, as the oil seeds would otherwise not feed readily into rollers revolving under great pressure. The oil seeds are thereby compelled to pass evenly and steadily through the rollers, which have, therefore, a chance to act on all of them and break the oil-cells uniformly without reducing any portion to a pasty condition. The bran is also left comparatively coarse, so that it shows the nature of the seed after pressing. "The muller-stones and their over or under grinding of any portion of the seeds are entirely done away with by this mode, which makes not only the machinery less expensive, but produces also a saving of power required in running the same. The crushed seeds are next placed in a steam-jacketed reservoir of the mixing-machine, where they are stirred, moistened, and heated by perforated revolving stirrer-arms, which throw jets of water or steam into the mass so as to thoroughly permeate and mix the same. The crushed and moistened mass is transferred to the presses for the extraction of the oil, which operation requires less power on account of the uniformity of the mass, produces a greater yield of oil, and furnishes an Opinion of the Court. improved quality of oil-cake, or residue, of open-grained, flaky nature, capable of being split in regular pieces at right angles to the direction of pressure." Having thus described his invention, the patentee states his claim to be "the process of crushing oleaginous seeds and extracting the oil therefrom, consisting of the following successive steps, viz., the crushing of the seeds under pressure, the moistening of the seeds by direct subjection to steam, and, finally, the expression of the oil from the seed by suitable pressure, as and for the purpose set forth." The purpose and effect of the invention claimed by the patentee as a new process, and the argument against the validity of the patent as a patent for a process cannot be better or more clearly stated than is done in the opinion of the court below, pronounced by Judge Dyer, 21 Fed. Rep. 811. We quote therefrom as follows: "The proofs show, and in fact it is undisputed, that formerly, in the process of extracting oil from flaxseed, the seed was subjected to the crushing and disintegrating action of the muller-stones, which consisted of two large and very heavy stone wheels mounted on a short horizontal axis, and attached to a vertical shaft. By the rotation of this shaft the stones were caused to move on their edges shortly around in a circular path upon a stone bed-plate, with a peculiar rolling and grinding action, upon a layer of flaxseed placed on the bed-plate. This was the usual mechanical appliance in connection with the operating movement of the mullerstones. By this means such portions of the seed as came in contact with the muller-stones were reduced to a complete state of pulverization. To facilitate the disintegrating action of the muller-stones, the seed was generally first more or less crushed by passing it through one or more pairs of rollers, thus better preparing it for the rubbing and grinding action of the muller-stones. The further treatment of the seed required the application of heat and moisture, and this was accomplished in various ways. Sometimes the heat and moisture were applied by a steaming device before the seed was crushed by the muller-stones; sometimes the seed was moistened when it was under the action of the muller-stones by |