DECISIONS OF THE SUPREME COURT OF THE UNITED STATES. IN PATENT CASES. CHARLES N. TYLER, PLAINTIFF IN ERROR, v. THE CITY OF BOSTON.* 7 Wall., 327-331. Dec. Term, 1868. [Bk. 19, L. ed. 93; 2 Whit. 177.] Argued January 18, 1869. Decided February 1, 1869. Particular patent construed. Chemical equivalent. Composition of matter. Identity. 1. Letters patent No. 35,015, Tyler, C. N., March 24, 1863. Burning Fluid, commented on with reference to the insufficiency of the statement in the specification that "the exact quantity of fusel-oil which is necessary to produce themost desirable compound must be determined by experiment," and the term "equivalent" construed to mean "equal bulk," in view of the specification's description as "by measure crude fusel-oil one part, kerosene one part." (p. 10.) 2. Where a patent is claimed for the discovery of a new substance by means of chemical combinations, it should state the component parts of the new manufacture claimed with clearness and precision, and not leave the person attempting to use the discovery to find it out "by experiment." (p. 10.) *See Explanation of Notes, page III. Statement of the case. 3. The term "equivalent " when used with regard to the chemical action of such fluids as can be discovered only by experiment, only means equally good. (p. 10.) 4. A charge that the substantial identity of one compound of given proportions with another compound varying in the proportions, is a question of fact and for the jury, sustained. (p. 11.) In error to the Circuit Court of the United States for the District of Massachusetts. This action was brought in the court below by the plaintiff in error to recover damages for an alleged infringement of patent. Judgment having been rendered in that court for the defendant, the plaintiff sued out this writ of error. The case is fully stated by the court. The letters patent above referred to is as follows: CHARLES N. TYLER, OF BUFFALO, NEW YORK. IMPROVED COMPOSITION FOR BURNING-FLUIDS. Specification forming part of Letters Patent No. 38,015, dated March 24, 1863. To all whom it may concern: Be it known that I, Charles N. Tyler, of Buffalo, in the county of Erie, and State of New York, have invented or discovered certain new and useful compounds produced by the combination of the earthy and mineral oils with fuseloil or fusel-oil and alcohol; and I do hereby declare that the following is a full and clear description of said invention or discovery, and of the manner of manufacturing the said compounds. The object of my invention or discovery is to extend the utility of the "mineral" and "earthy" oils, in which terms may be included the petroleum or rock oils, or Statement of the case. naphthas obtained directly from springs, the kerosene or paraffine oils, as they are sometimes called, which are obtained by distillation of bituminous substances, and coal and the refining of petroleum and other oils and naphtha that are derived by the distillation from the above-named substances. The first part of my invention or discovery consists in a new compound substance, being a combination of fusel-oil with the mineral and earthy oils, which compound constitutes a "burning-fluid," by which term I mean a liquid which will burn for the purpose of illumination, without material smoke, in a lamp with a small solid wick and without a chimney. The second part of my invention or discovery consists of a new compound substance produced by the combination of fusel-oil with naphtha and with alcohol, which compound constitutes a burning fluid. The third part of my invention or discovery consists in the heavy oily liquids obtained by the combination of the petroleums, kerosenes, and other earthy oils with fusel-oil and the separation of the compound into parts by alcohol, the said heavy oily liquids constituting an oil suitable for painters and mechanical uses. In the manufacturing of said compounds I make use of the crude fusel-oil obtained in the distillation of fermented grain and other substances for alcoholic liquors. It may be preferred to use that which is obtained from maize or "Indian corn," as it is commonly called, although that obtained in the distillation of various other fermented vegetable substances will answer the purpose. Refined fusel-oil may also be used, if preferred; but as the crude oil will answer the purpose the cost of refining is saved. In manufacturing the compound which constitutes the first part of the invention or discovery, I find that a combination of crude fusel oil with the ordinary kerosene found in the market, (for the purpose of burning in kerosenelamps, with a chimney and air-deflector,) whether such Statement of the case. kerosene be derived from distillation of the crude coal oils or from crude petroleum, will produce a good burningfluid, capable of use in the common lamp without a chimney, when combined in the following proportions, by measure, viz: crude fusel-oil, one part; kerosene, one part. The two substances are agitated together in a vessel, so as to commingle them, and the mixture is permitted to rest a longer or shorter period, which depends upon circumstances, and which is generally less than twenty-four hours, when the mixture is found separated into two parts. The lower part is a watery liquid, which is small in bulk, and consists mainly of the water that exists in crude fusel-oil, which is drawn off from the bottom of the vessel, or it may be separated at once by the introduction of alcohol. The upper part is the compound substance produced by the combination of the fusel-oil with the kerosene, constituting the burning-fluid. In making this combination it is preferable to permit the mixture to settle in a vessel having a funnel-shaped bottom fitted with a stop-cock, so as to facilitate the withdrawal of the watery liquid with the least possible waste of burning-fluid or upper liquid, or the lower liquid may be withdrawn from the other by a siphon. Naphtha and petroleum may be combined with fusel-oil alone in the same manner as kerosene, and is the compound substance constituting the second part of my invention or discovery, which is a good burning-fluid. It may be produced from naphtha by combining it with fusel-oil and alcohol in the following proportions, by measure, viz: naphtha, four parts; crude fusel oil, one part; alcohol, one and one-half parts. The naphtha and fusel-oil are first commingled, and the watery matter withdrawn, as before mentioned. The alcohol is then combined with the remainder by agitation. The alcohol for this purpose should be as nearly absolute as is found for sale in quantities in this market-say alcohol of ninety-five per cent. In manufacturing the substance which constitutes the Statement of the case. third part of my invention or discovery, I prefer to employ the crude petroleum obtained from oil-springs and separated by decantation from the water with which it is generally mixed. The petroleum is first commingled by agitation with crude fusel-oil in about the following proportions, by measure, viz: crude petroleum, three parts; crude fusel oil, one part. The mixture is permitted to settle and the watery liquid withdrawn as before mentioned. Then the residue is mixed by agitation with alcohol until it separates completely into two portions. To effect this result it is found that from half to two-thirds as much alcohol as fusel-oil is generally required. When the mixture has settled the upper part is drawn off and constitutes a good burning-fluid. The lower part, which is the heavier substance, constitutes an oil for painters' use and other mechanical purposes. Having thus described the modes in which this discovery may be practiced with success, I do not confine this invention or discovery to the particular relative proportions in which the substances have been described as being combined, as the proportion may be varied according to circumstances or to suit the peculiar views of the manufacturer or user. Thus, in making the burning-fluid larger or smaller proportionate quantities of fusel-oil may be used; but if there be too small a quantity of fusel oil the burning-fluid will smoke in burning with a round wick in lamps without chimneys when the flame is as high as it should be-say one and one-half inch; and, on the other hand, if a larger quantity of fusel oil be used the flame will have less illuminating power. The object in view in manufacturing a burning-fluid should be to produce the strongest light without material smoke when the wick is pulled up above the wick-tube until the flame is at the desired height. The least possible quantity of fusel-oil should be used compatible with producing the result. Nor do I confine this discovery to the combination of kerosene alone or naphtha alone with fusel-oil, as the first combination described may |