Joseph McKenna

“ The claims describe the method and invention to be the utilization for the purpose of storage, in a small volume, of large quantities of acetylene gas, of the solubility of the gas in certain liquids by the application of pressure, and the novel application as a solvent of acetylene under pressure for the purpose of storage, transportation, and utilization for industrial purposes; and the employment (claim 6) of a receiver containing a liquid charged with acetylene under pressure, and from which the acetylene is evolved when required for use. ”

“ We think the contentions are untenable. The distinction between system and method is too subtle, and, besides, it is clear that the patentee considered the words as meaning the same thing, and the apparatus referred to was one, it was said, 'employed to cause the solution under pressure of other gases in other liquids.' It was not the apparatus of the United States patent, though having some features the same. ”

“ The letters patent in suit describe the invention as 'An Improvement in Apparatus for the Storage and Distribution of Acetylene Gas.' Drawings illustrate the patent, and it is stated that it 'is designed to carry out a process of storage and distribution involving the employment of a chamber charged with a solvent of the gas to be stored and into which the gas is forced under suitable pressure,' and that the apparatus is to be charged at a central station and transported to the place of use as a complete article or package. ”

“ And further, that the solvent power increases with pressure, and the sloution of the gas in a liquid is the principle of the invention.
The process described as carried on, though subject to modifications, is as follows: The gas is dissolved in the liquid chosen, and the 'solution under pressure, however obtained, is filled into a receiver of metal or of glass (such as used for soda water) capable of resisting the pressure employed. ”

“ If the decisions of the trial courts may be in opposition on invention and infringement as well as on the effect of the foreign patents, such conflict cannot be asserted of the opinions of the circuit courts of appeal. ”

“ The court considered that the question before it was whether the trial court had exercised a sound judicial discretion in granting the injunction, and deciding that the trial court had done so, affirmed its action and refused to dismiss the bill, as it was urged to do. ”

“ Among these are mentioned 'alcohols' and 'particularly acetones.' It is stated that mixtures and combinations of these bodies vary their solvent power, and of this property the patentees said they availed themselves. ”