Hyde

This is an appeal from the decree of the court below sustaining letters patent No. 835,120, issued to Sul-man, Picard, and'Ballot, on November 6, 1906, and assigned to Minerals Separation, Limited, and Minerals Separation American Syndicate, Limited, adjudging the appellant herein to have infringed the same, and enjoining further infringement. The patent is for new and useful improvements in ore concentration. Its object is to separate metalliferous matter from gangue, by means' of oils and fatty acids which have a preferential affinity for metalliferous matter. In the specifications reference is made to United States Letters Patent No.. 777,273, granted to A. E. Cattermole. The Cattermole patent specifies that an amount of oil, varying from 4 per cent, to 6 per cent, of the weight of metalliferous-matter present, is agitated with an ore pulp, so as to form granules-which can be separated from the gangue. The specifications of the patent in suit state that the inventors have found that:

And the specifications add:

There are 13 claims in the patent. The first is:

The next three claims specify the quantity of oil as amounting to “a fraction of 1 per cent, on the ore.” The second…