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(DOWNLOAD) "Tyler v. Boston" by United States Supreme Court ~ Book PDF Kindle ePub Free

Tyler v. Boston

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eBook details

  • Title: Tyler v. Boston
  • Author : United States Supreme Court
  • Release Date : January 01, 1868
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

Mr. Maynadier, for the plaintiff in error, contended, that the construction given by the court to the patent was erroneous, and that in view of the evidence as to the true relations and characters of the various oils, the claim should be construed to cover not only a compound composed of the particular ingredients in the proportionate bulks especially named in the specification (that is to say, crude fusel oil, one part by measure, and kerosene of the grade there described, one part by measure), and all other compounds composed of these ingredients in substantially the same proportionate bulks; but, in addition, all other compounds whose ingredients are any of the earthy or mineral oils, and any of the fusel oils, provided the quantity by measure of the mineral oil or oils used were ascertained to be substantially equal in character, or equivalent to the prescribed proportion of the prescribed grade of kerosene; and the quantity by measure of the fusel oil used were in like measure ascertained to be equal to the prescribed proportion of the prescribed crude fusel oil. The whole spirit of the patent, in view of the perfectly well-known relations of naphtha and kerosene, and of refined and crude fusel oil, warrants the construction contended for, and there is nothing in the letter which militates against it, unless the statement that 'a part of the kerosene may be replaced by an equal quantity of naphtha or crude petroleum' be construed to mean an equal quantity in bulk, which would make the statement false, and one that all persons skilled in the art would know to be false; while if 'equal' be construed to mean 'equal in character,' or 'equivalent,' the statement is true, and in harmony with the rest of the specification, and with the chemical facts of the case.


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