Daily globe., 1879-03-18

Judges Dillon, Nelson of Minnesota, and
Treat of Missouri. The argument continued
for several days, and the conclusion reached
by the court was delivered for the respective
districts by Judge Dillon, and concurred in
by Judges Nelson and Treat.
In promising the annexed decision, Judge
Dillon made reference to the argument,
which had conceded that Minnesota wheat
was the best in use. He further stated that
from all he could, learn, as presented, that
the patent, so called, availed nothing when
Minnesota wheat was ground, etc., into flour.
This was merely preliminary to the decision,
which was given as follows:
The Decision.
United States Circuit Oourt-The American
Middlings Purifier company VS.. John A. Chris
tian ct aL-Minnesota District. March 1879
On the 9Th day of January, 1868, letters patent
were granted by the United States to William
F. Cochrane for a new and useful method of
boiling -four The claims in this patent were
First-Bolting the meal over series Of reels
covered with cloths of increasing fneness, in
combination with blast substantially in the
manner described.
second-Running the offal through the en-
tire series Of reels substantially in the manner
described for the purpose of making the -four
bolt more freely. A
hird-Rebolting the ''white middlings''
-four after regrinding and mixing them with
offal substantially in the manner described.
Conducting the -four made upon
stantially in the manner described for the pur-
pose of making variety of grades, or of mix
ing them in any proportion desired, as set
forth.
On the Oath day of April, 1874, the above
mentioned patent was reissued, numbered s, ,84l,
for a ''new and useful improvement in the
ART OF MANUFACTURING FLOUR"
The claim in the reissued patent was as fol-
lows:
"What claim as my invention, and desire
to secure by letters patent as an improvement
in the art of manufacturing -four is: The here
inbefore described process for manufacturing
flour from the meal of ground wheat, by first
taking out the superfne -four, and then taking
out the pulverulent impurities by subjection
to the combined operations of screening and
blowing, and afterwards regrinding and rebolt
ing the purified middlings."
The complainant is the assignee eff the reis-
sued patent. The reissued patent sus-
tanned by the supreme court in Cochrane VS..
Deener 81 q. s. Rep, 780. A motion was made
in the supreme court to vacate that decree be-
cause it was procured by collusion. The charge
was not sustained; but in denying the motion
the supreme court said: under the circum-
oIduCcb We Guluh tudG Gu1Iu paTLleS, VINO Q10 no
opportunity of being heard, and whose inter-
ests as opposed to the Cochrane patents are
very Important should not be excluded from
having further hearing upon it whenever
future case may be presented for our consid-
eration."
The defendants in their respective answers
deny the validity of the reissued patent on
which are that such reissue is. not
for the same invention as that
described and claimed in the original patent;
and that the invention had been anticipated by
Others and described in various publications
and patents prior to 1868; and the defendants
ous proofs we're taken, accompanied with many
diagrams, models and exhibits. By consent of
parties the arguments were heard by the circuit
judge and judges Treat and Nelson, R. Mason,
G. F. Blake, G. II. Krum and others, for the
complaint; George Harding, Gordon E.. Cole, F.
Dillon, Circuit, Judge:
The reissued patent is process patent for an
alleged new and useful improvement in the art
OF the manufacture of -four. The claim therein,
as construed by the complainant, is for the use
of five consecutive steps performed in the art
of manufacturing -four in definite order, viz:
First-Grinding the wheat into meal.
Second-Taking out the superfne -four.
Third-Taking out the pulverulent impuri-
ties by the combined operation of screening
and blowing, SO as to purify the middlings,
which are then
Fourth-Reground, are then
Fifth-Rebolted.
The real value of the invention consists in
the publication of the middlings at the inter-
mediate stage indicated, by screening and
blowing, thus freeing them from pulverulent
impurities and enabling them to be reground
into -four of a superior quality. The mode de-
scribed in the patent and accompanying m odel
a For off tho oE
the middings was by the agency of revolving
bolts acting upon the meal or 'schop'' as sieves
or screens, assisted in their operation by blasts
of air introduced within them. The claim of
the complainant is that where in the manufac-
ture Of -four the wheat is ground by the first
operation Of the stones into meal, so that su-
perfine -four is by the next step Of the process
taken therefrom, any publication of the re-
sidual mass (of which the valuable constituent
ia the middlings) by the combined operation of
screening and blowing intermediately, for the
purpose of regrinding and rebolting, whether
such purifying is within bolts or upon vibrat-
ing screens outside of bolts, is an infringement
of the Cochrane patent. Flour made from
purified middlings is now, and since about 1871
or 1872 has been we'll known throughout the
country as snew process flour. In what con-
sists the essential value of this new process?
making of a FIRST grade and even the best grade
! of -four from middlings, which in this country
(although not in France, and perhaps else
where, had been generally considered by mill
ers as incapable of being used to produce flour
I of the first quality.
A. fundamental question underlying all
others is: Did Mr.. Oochrane in his original
patent, granted January 6, 1868, contemplate
| or provide for the publication of middlings by
| the combined action of the screen and blast? !?
If he did not the reissue, which must be for
| the same invention as the original patent, and
which makes the basis of it's claim such puri-
dcation of the middlings, is void.
In the light of arguments of great ability
and thoroughness extending over period of
fifteen days, and illustrated at every step by
exhibits, diagrams and models, the judges who
sat at the hearing have deliberately considered
the question above propounded and have
reached an unanimous conclusion upon it.
It becomes my duty to announce the judg-
ment which shall content myself with doing
without displaying the reasons or celebrating
the grounds upon which it rests.
The description Of the invention in the orig
inal patent as
METHOD OF BoLT1Na FLOUR"
the progressively finer meshes in the three
boiling reels therein described; the absence Of
any returns the statement therein that the
agency of the blast is to 'assist the bolting;''
the cupola or dome on the model provided
with screens which could have no other effect
than to arrest the impurities, or most Of them,
and return them directly to the -four; the en-
forced circuit of air containing any impurities
that might eseape the screens il the oupola and