Lawther v. Hamilton
124 U.S. 1 (1888)

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U.S. Supreme Court

Lawther v. Hamilton, 124 U.S. 1 (1888)

Lawther v. Hamilton

Argued October 28, 31, 1887

Decided January 9, 1888

124 U.S. 1

Syllabus

Letters patent No. 165,164, issued September 28, 1875, to Alfred B. Lawther for a new and improved process for treating oleaginous seeds was a patent for a process consisting of a series of acts to be done to the flaxseed and, construed in the light of that knowledge which existed in the art at the time of its date, it sufficiently describes the process to be followed; but it is limited by the terms of the specification, at least so far as the crushing of the seed is concerned, to the use of the kind of instrumentality therein described, namely, in the first part of the process, to the use of powerful revolving rollers for crushing the seed between them under pressure.

Moistening the flaxseed by a shower of spray in the mixing machine, produced by directing a jet of steam against a small stream of water, does in fact "moisten the seeds by direct subjection to steam," and thus comes within the clause of Lawther's patent.

A license from the plaintiff in error to the defendants in error cannot be implied from the facts proved in this case.

Bill in equity to restrain infringements of letters patent. Decree dismissing the bill. Complainant appealed. 21 F. 811. The case is stated in the opinion of the Court.

Page 124 U. S. 2

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