Samuel Blatchford

“ Were a person in this country, after the issue of the present American patent, to commence the manufacture of oleomargarine by the precise process described in the Bavarian or Austrian patents, supposing that process had not been patented abroad, would the courts refuse an injunction to restrain the use of the process on the ground that it infringed that covered by the American patent? We can hardly deem it possible that any intelligent court would deny an injunction if applied for under such circumstances ”

“ The degree of crushing would obviously affect the quantity of oil extracted from the fat by the process of digestion, as the only object of crushing is to release the fat from the tissues in which it is held in its natural condition. The necessity for thorough and minute comminution is one that would suggest itself from any operative's common knowledge. Any man who had intelligence enough to know the use of his own teeth would know the necessity of the complete comminution of any article to be subjected to the process of digestion or the action of the gastric juice. ”

“ In order to prevent the greasy substance which is settled in the tissue of the animals from taking the disagreeable taste of the fat, it is necessary that the ferments which produce this taste shall be completely neutralized. ”

“ So much of the specification of reissue No. 10,137 as is important in the present case is as follows: 'Be it known that Hippolyte Mege, of Paris, France, now deceased, chemist manufacturer, did invent an improved means for transforming animal fat into butter, of which the following is a specification: This invention, which is the result of physiological investigations, consists of artificially producing the natural work which is performed by the cow when it reabsorbs its fat in order to transform the same into butter. ”

“ The reduction in the price of butter will, in a large measure, contribute to the general wealth; for stock-raisers, instead of making butter, will feed their milk to calves, and thereby get more stock; thus furnishing more cattle for slaughtering purposes, and at a lower price. The new procedure is also of considerable importance, from a hygienic point of view, in doing away with the emanation of bad odors inevitable with the former chemical methods, and due to the excessive high temperature to which fats had been exposed. ”

“ The cooled fat is cut into slices about one inch thick, and put into a cloth between hot plates of a press. The portion which runs off is a mixture of margarine and oleine, resembling lard in composition, and of about the taste of fresh butter. It melts in the mouth like butter, and does not stick to the palate like beef fat. The solid residue taken out of the cloth is good stearine, fit for making candles immediately. ”

“ When the Mege product has been converted into a more perfect butter, as he calls it, by the addition of certain substances, as indicated by him, it will then contain all or nearly all the materials found in dairy butter, though not in exactly the same proportions ”

“ Fahrenheit, and thus no taste of fat is produced. For this purpose he threw into the washtub containing the artificial gastric juice about two liters per hundred kilograms of greasy substance. This gastric juice is made with the half of a stomach of a pig or sheep, well washed, and three liters of water containing thirty grams of biphosphate of lime. ”

“ The separation is well made, and the organized tissues which do deposit are not altered. (4) Crystallization in a Mass. In order to separate the oleomargarine from the stearine, separated crystallizers or crystallizations at unequal temperatures have been already employed. ”

“ The solid portion remains in the canvas. (4) Uniform solidity is given to this fatty body in the following manner: In order to make it hard, and not granular, without admitting air, it is poured into a tinned-iron vessel filled thus completely. ”

“ The peculiar points of importance of my procedure consist in washing, digesting, pressing, solidifying, and decolorizing.'
It is conteded by the plaintiffs that they have shown, by the testimony of experts, that reissue No. 10,137 differs from the foreign patents in these particulars: (1) The neutralization of the ferments is entirely lacking in each foreign patent ”