Orr v. Aschenbach & Miller, Inc.

Citations

• 225 F. 71
• 1915 U.S. Dist. LEXIS 1218

Syllabus

<p>Patents <@=>328—Ini’kingeatent—What Constitutes.</p> <p>Complainant’s patent, No. 659,640, was for a disinfectant composed of formic aldehyde and an essential oil which would slowly evaporate and at the same time be a water repellent. Tho compound was prepared by exposing the desired oils in the proper container to the presence of formic aldehyde under increased pressure. Defendant’s disinfectant was prepared by stirring eucalyptus oil into the commercial solution of formic aldehyde largely diluted with water, in an open vessel under ordinary atmospheric pressure; the eucalyptus oil being used to disguise the odor. Held, that there was no infringement, the proportion of formic aldehyde contained in the oil in defendant’s disinfectant being inconsiderable, and the presence of water, which complainant’s compound was designed to avoid, avoiding any infringement.</p> <p>other cases see same topic & KEY-NUMBER in ail Key-Numbered Digests & Indexes</p>