258 F. 982 | D.C. Cir. | 1919
furthermore, it appears that the Dwight-Eloyd patent, No. 882,517, shows in Figure 2 an apparatus for carrying out a process of treating ores by desulphurizing and agglomerating ore “fines” to produce “relatively large masses, blocks, or cakes” (page 1, line 93). The opera-tiveness of this apparatus is not denied. We agree with the Examiners in Chief that, if it “is suitable for carrying out such a process, there can be no doubt that Greenawalt’s slag pot is equally suitable.” Green-awalt has, in our judgment, established a reduction to practice of his “slag pot” in July, 1907.
If, however, the claims under examination read on Dwight’s Perth Amboy machine installed in April, 1907, Greenawalt is not entitled to them. All of the claims are limited to a hood that is air-tight with respect to the ore holder. Neither the Perth Amboy nor any other structure or disclosure of Dwight’s prior to July, 1907, supports those claims. As was said by the Assistant Commissioner, Dwight’s applications “never disclosed an igniter in a closed chamber at all, for any purpose, until December, 1907, and then not in an igniting hood properly so called.” From this it must follow that he is not entitled to those claims.
We might elaborate the argument in support of the conclusion which we have been constrained to reach, but we think it unnecessary, as well as unprofitable, to do so. The questions involved are of facts construed in the light of technical knowledge. Every contention advanced by the parties was met by the Assistant Commissioner, who set down in his opinion with painstaking care the reasons which induced his conclusions. We adopt those reasons and affirm his decision in all respects.
Affirmed.