Barkis

This is a patent infringement case, brought by the plaintiff, as patentee and owner of United States letters patent No. 1,353,209, for what purports to be a new and useful device for bleaching almonds. Defendant denies infringement, and attacks the validity of the patent. The case might well be disposed of on questions which do not affect its merits; however, in the interest of the parties, both of whom have asked for a final ruling, I shall address my decision to matters of substance.

As late as 1918, the old-fashioned tray system was in general use in Northern California for bleaching almonds. This method was slow, costly, and inefficient. An automatic bleacher was a necessity, and efforts then were being made to build or perfect one. The idea of using a stationary horizontal drum, inclosed in a sulphur chamber, already had been conceived, and plaintiff makes no claim to have originated it. In September, 1919, however, he applied for a patent on a revolving drum of similar nature, arranged continually to receive almonds at one end, and to discharge them at the other. On September 21, 1920, patent duly issued in his name.

The validity of that patent, which now is assailed on…