The herald., 1894-04-10
EVERYBODY MAY NOW USE II.
Patent on the Fumigating Pro-
cess Declared Void.
Judge Ross Renders His Opinion in
the Case.
There Is Neither RovsIty Nor Invention
In the Hydrocyanic-A Acid Gas
PROCESS OF Spraying
Orange rreos.

An important decision on demurrer
was rendered by Judge Ross in the
United States circuit court yesterday, in
the case OF Messrs w. B. Wall, Jones
and Bishop OF Tustin, Orange county,
vs.. Henry Leck. The decision in sub
stance ia that the patent held by Wall
ct al, for fumisating fruit trees by tbs
hydrocyanic acid gas process is void be-
cause of its lack OF novelty and origin
ality.
The comp!ainants sued for an alleged
infringement of the letters patent, for
an accounting OF profits alleged to have
bean realized by the defendants thereby
and for an injunction against further
infringement.
The patent referred to in the bill and
which formed the basis of the auit was
for procesa of fumigating trees and
o.her pants. The specification OF the
application for the patent declared that
it consists in iumigating the plant with
hydrocyanio acid gas in the absence OF
light.
The specification proceeds to declare
that hydrocyanic acid gas has hereto
fore been employed in fumlgating trees,
but it has not been considered practical
bile, for the reason that II the gas were
| OF sufficient strength to destroy the in
sects on the plant it also injured the
| foliage and fruit.
1--WE have discovered that when light
| ia excluded the action of the gas is more
effective in destroying insect life and at
1 - H. D.. lacu N
plant life unless used excessively.
"Our process d ffers from the ordinary
process OF iumigating with hydrocyani
acid gas only in that we exclude the
light This may be done by means OF
the oiled tent or covering ordinarily
used for such fumieation, provided the
fumigation s done at night. II the
work is done in the daytime, the cover
ing must be so coored ae to exclude the
actinic rays of ligh', but we do not be.
ieve it possible to produce satisfactory
results with any color d tent in bright
daylight.
10 illustrate our invention, we will
explain ito use in fumigating n orange
or lemon tree II feet III height. The
tree is first enveloped with an oiled or
painted canvas in the ordinary way, such
canvas being impervious to the rays OF
light, and surrounding the tree. We
then place in vessel under the canvas
three ounces of cyanide OF potassium,
then six ounces of water, and then pour
| into the vessel three onnces OF Eulphurlc
acid, and close the covering Tor 10 min
utes.
"The canvas is then removed. The
vessel may be covered With asss RiSce ,5 o.
sulphuric acid is poured into it. ThiI
will prevent the sprays from the decom-
posing chemicals from injuring tht
plant or canvas.
1T ie obvious that hydrocyRnic acid
gas may be produced by other chem
icsls than those mentioned; also that
the time and the amount of gas en-
ployed may be varied.
ave have secured good results by g
fumigatlon lasting only five minutes. y
Judge Ross' decision is as follows:
Having thus described what
the patentees state as their dis.
covery, they declare that whar they
claim as new and desire to secure letters
patent on is the process set forth ol
fnmigating plants with hydrocyaniC
acid gas in the absence. substantially, oil
the aotinic rays Of Light"
| AAO EpcCluCHbiOuI dc hhb D0CA ncon
expressly recites the fact that the pro-
cess of fumigRting trees and plants with
hVdrocyan;c acid gas by means OF au
oiled tent or covering is old, and that the
process for which they ask patent diff.
fers from the ordinary process only in
that the application Excludes the
light" Yet no method OF excluding the
light is stated or claimed. On the con-
trary, they declare that it may be done
by means Of the oiled tent or the cover.
ing ordinarily used for such fumigation,
provided the fumigation is done at
night.
"Of course night excludes the light.
Every body knows that. Nor is the
right pAtentable. The ordinary tent or
covering oil the old process necessarily
excludes to greater or less degrse-de-
pending upon the density of the clouds.
Ard alter the sun sets and before it
rises they arc entirely absent.
"The old process. as described in the
specifications, in no manner depends
upon the tins it is used. 1t consists, as
the specification expressly states, of fu-
migating trees and plants with hydro
ganiC acid gas, by means OF the oiled
tent or covering. Whether used by
means of thin OF thick cover
ing, heavily or lightly oiled or
not oiled at all, in bright
daylight or in twigight or at night or
in the early morning. it is all the time
the same process, but it WAS old when
the patentees applied for their patent
right. An old process does not become
a new and patentable one by being used
at night instead OF in the day time, or at
any particular time or in any particular
state Of the weather, or because better
results are obtained by its use at one
time than another.
1.-The court being of opinion that the
patent is void for want of novelty and
invention, and that in view of its re-
cltals it ie so plainly that 1t cannot be
aided by evidence, it should be so de-
clared on demurrer, without subjecting
the parties to cost OF producing proof.
| The demurrer is suntained.'
Mr.. aud Mrs. w. d. Walbridge and
daughter Eta OF Appleton City, Mo-,
| are visiting relatives in this city. Mr..
Walbridge ls very favorably impressed