Louko

This is an appeal from a judgment for the defendant rendered in an action for an infringement of United States Patent No. I, 618,702, which was issued to Martin J. Forsell, and by him assigned to the plaintiff. This patent is for a composition of matter in the nature of an insecticide which is especially adopted for use in the destruction of strawberry weevils. The claims of the patent are but two in number and are as follows:

The weevil bait made by the appellee and alleged to be an infringement is a wet bait made from apples sliced, dried and run once through a machine similar to an ordinary meat grinder. This machine has a special or worm type feed which drives the apple slices through cylindrical holes in the head of the machine. The emerging ground apple is sliced into pellets by a revolving knife which turns with the worm. The diameter of these pellets is 17/64 of an inch and they vary in length up to an inch in length.

These pellets are then put into a barrel with powdered poison and mixed therewith by a zig-zag movement of the barrel.

Appellee does not contest the validity of the patent, but he denied that there was an infringement. The essential facts are not *883 in…