The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-08-30

Judge Bourquin of the federal court
yesterday handed down a decision in
the case of the Minerals Separation
company of London against the Butte
& Superior Mining company of Butte,
says the Anaconda Standard.
The court in a voluminous recital
of the case, decides that the disclaim-
er of the plaintiff is a proper one and
he also orders an accounting. In
conclusion the court says:
although the evidence is of great
volume and the arguments of relative
length, all have been carefully con-
sidered, but require no additional ref
erence herein. The patent is valid in
respect to all claims involved.
Defendant throughout has infring-
five, six and seven and decree accord
ingly."
The decision brings to a close an
other chapter of litigation that began
several years ago when the separation
company brought action against Hyde
for infringement of patent of oil flo
tation processes.
Scientists Puzzled.
This suit, says the court, is an. i'm
portant contribution and yet it dis
closes that though the use of the pro-
cess Is very wide, extensive and grow
ing, "its simplicity, economy and sue
cess still surprise and crafty the met
allurgical world and it's laws, or prin-
ciples of operation still interest and
puzzle the scientists.
Present knowledge warrants the
conclusion that the gift of this re-
markable and valuable process and its
actual discovery and invention, or that
whereas therefore in ore concentration
air has been used in desultory and flu
gitive bubbles as a makeshift incident
and supplement to oil and skim flota-
ton, air can be made to do all the
work by creating water, ore compound
modified by suitable oily containment
and an infinitude of bubbles.
1.-The great mass of new evidence
suit. The defendant contends that
this evidence demonstrates that the
process lacks novelty and invention,
and that, because of it, the record is
substantially different from the Hyde
suit. The decision there should not
control here and the patent is, and
ought to be held. invalid. This is
without support in the patent and
Hyde decision"
international Interest.
The suit of the separation company
against the mining company came to
an end as far as testimony is con-
cerned last May in the federal court
in Butte. 1t has attracted interna-
tional interest and particularly inter-
ested in it's outcome are the people
living in this district, where the min
ing company has been doing and Is
still doing wonderful development OF
the vast zinc zone. 1t is one of the
most important cases on any local
court docket.
Chief interest now centers In the
next probable phase of the most i'm
portant controversy. Undoubtedly
there will be ramiflcations that will
spread over broad field of litigation,
including injunction, damages based
on royalties which may involve mil
lions, and, chief Of all, the probability
of involving the immense properties
here at time when other big mines
are closed on account Of the strike.
Exhaustive Treatise.
Judge Bourquin in his opinion goes
exhaustively into the technical mat
tiers involved. the processes of min
eral separation by the oil flotation
process and reviews the testimony at
great length. With respect to the