The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05
FLOTAT|ON DECISION
Of VAST IMPORTANCE
WITH CERTAIN RESTRICTIONS
PROCESS MAY BE FREE
LY USED.

The supreme court of the United
States has reversed the circuit court
Of appeals of the ninth district In the
case of the Butte & Superior Mining
company VS.. the Minerals Separation
company, involving the patent rights
held by the last named company COW
ering the flotation process In con-
Guiding its opinion the court says;
'It results that the decree of the
circuit court of appeals, that respond
ent infringed patent only when using
one-half of / per cent or less Of oil on
ore, must be reversed, but that It i'm
piled holding that use made by re-
spondent of petroleum products and
pine oil in excess of l per cent on the
ore did not constitute infringement,
must be sustained"
Several Occur d'Alene mining COM
panies are paying a royalty to the
Minerals Separation company for the
use of its flotation patent, and 1t Is
believed from the meagre reports re.
oeived Of the decision that under the
ruling of the court sufficient latitude
Is allowed in the use of flotation oils
to relieve them from further obliga
ton to the Minerals Separation COM
pany Discussing the decision, tn,
Anaconda Standard says:
Free Use Of Process.
1.-THE final decision practically
throws open the use of the process to
the entire mining world, with the pro :
viso that in order to avoid the pay
ment of the royalty under the limited
claims and rights of the basic patent,
an amount of oil or oil mixtures,
which may be made up of any oily
mixtures that will do the work, and
also may include part OF pine oil,
oleum or any vegetable oil or an emul-
syfying oil of any kind in conjunction
with petroleum oils in any proportion
may be used, provided the amount SO
used shall be in excess of more than
per centum on the ore treated, or, In
other words, more than 20 pounds OF
the mixture per ton or ore
1.-The surprising feature of this de-
cision appears to be the fact that the
supreme court did not define in any
manner the basic limitations as tC
pine oil in the mixture permitted. Pine
oil seems to be the essential primary
frothing oil necessary to the process
The addition of mineral oils changes
the viscuosity and tenuosty CT the
froth bubble and permits the varying
OF the type Of froth for different
kinds of mineral ores and for differ
trates obtained, the more viscuos
froths being able to carry heavier
burden Of mineral content and from
a coarser crushed feed than the finer
oils.
Decision Of Vast Importance.
'"rhe fun effects of this decision
have not been fully defined as to Its
reaching effect on the licensees OF
the Minerals Separation company
who are using the process where an
excess of mineral oils are being used
which may bring the amount over the
restricted / per cent.
Sat Anaconda a mixture of pine oil
and crude petroleum products is used
and the question involved as to the
payment of royalties under their con-
tracts may be eventually involved in
this decision,
THAT the supreme court decision as
it stands is far reaching and of vast
Importance to the mineral industry
seems unquestioned to Butte men
who have studied 1t.
''The ultimate feature as to the gen.
eral use Of the process will depend up
on the fact as to whether the use. of
more than 20 pounds of oil is really
practicable and as efficient within
the cost limitation of the use of the
lesser quantity with which the Min
erals Separation people claim they are
able to reach better results"