Show I FLOTATION CASE IS FULL OF SNARlS Further details on tho the now famous case Is la contained In the following stor story from torn Boston Doston Accompanying AccompanyinG the petition polton of or tho the Minerals Separation North American corporation to the United States su supreme supreme su- su preme court for writ of oC certiorari In iii L tho the Butte Dute Superior Mining company compan litigation were briefs filed fled by both sides shIes setting forth their respective conten conton con con- ton ten lons The supporting brief of ot the Minerals Separation company compan sets forth what were considered to bo be tho tho two questions questions ques ques- tons Involved l l In 1 did the he supreme court In Us its Hyde Hyde- caso aso decision confine con- con fine tho the patent patent in suit Bult to tho tIre use uso o of ol one half one hal of or 1 per cent of ot oil 01 as ns tho the upper limit of or invention In enton and 2 did tho the court extend the patent to cover er co and Include the us use uee of ot an any and every even oil 01 having a preferential affinity for or I matter mater over o er gangue ganGue Butte fc Superior company In ire Its Is brier brief hol holds s that If Jt the tho writ prayed praed for Cor be Issued It will wil bring up only I I a. a single question to wit The Tho question queston I whether the patent In suit covers tho the u use of oC oil in quantities between 01 one- one half halt of ot 1 i per jer cent and 1 per cent on I Ithe tho the ore Butto Bute Superior maintains that tho the question queston of ot whether oils ois inert In tho the process aro arc to be be taken Into account In determining determininG tho the question of ot infringement in in- In- In Is not presented by facts in tho the case cac Its Is brief brie further points out that there Is no conflict of ot decisions nor does the tho case involve an any novel nO el question q of ot law Again grin that tho the case cale d docs oes not Involve olvo subject matter mater which affects a the tho Interest of ot tho the nation naton orho or t ho General generally Butte Butto Buto Superior holds that the that tho patent patent pat pat- e ent nt In suit sult does not cover tho the use ornI of or n all nI Il oil 01 In quantities above 1 i per cents cent a aa as s squarely decided already b by tho the su an- p pr premo mc court Furthermore that the Ninth circuit court of ot appeals has en en- en j joined against tho the use of ot one half of or 1 cent of or oil and per pel 01 ordered an ac- ac c for such uch fuch tIme lime as Butte Butto Buto Su- Su period used less than this tins quantity Tho Tue only territory regarding which t thero here can be bo an any possible dispute lies Ics between one half one hal of ot 1 per cent a as as tho the l lower ower limit and 1 per cent as tho the UpI up- up I Hor er r limit It contends basing this state ment on the supreme court decision that tho patent must bo ho confined to the tho use usa of ot oil within tho the critical al proper proper- tons Brief of or the tIre Minerals Mineral Separation company s says say's s 's thero there Is such misinterpretation and misapplication of ot the tho de decision decision de- de I of or this supreme court in le- le the H hyde Hydo o caso as aa amounts in face tace to a n I of ot tho tIre latter later b by the tho lower court and same wholly wholly ly nugatory It I also alao points out the tho same Bame variance between tho the decisions of ot the house of ot lords and anti of ot the d circuit I t uj UL l appeal lor uz mo tiie run in circuit In let fundamental conception of ot tho the process process proc proc- ess In Iii relation to the prior art that formed the basis for Cor the application for tOl tho thio writ In tho the Hyde Hydo case The defendants defendants' brief In tn answer states that It Its Is sufficient to observe that conflict between the decision In Inthis inthis this case caso and the decisions in those house of ot lards cases Is utterly Impossible sible because tho thio single point with which the tire decision In this case caso deals Is Is 11 whether tho the claims of or the tho patent In iii suit Bult held to bo ho valid vald by this court In inthe tho the H Hyde case cale and those tholo sUbsequent subsequently limited by disclaimer filed fled cover tho the use of ot oil 01 In quantities above above- a certain amou amount AMERICAN X WI II TANKING FLOW ILO According to a local official of ot the American Oil 01 company comPan which is 18 successfully sue suc operating In Wyoming tho the new now well wol No Xo 3 3 la is keeping up Its av average a av- av crago crace as a a producer an and continues to pour tho the yellow elow fluid Into tho big tanks the tho same amo aa as 15 it did whets when the oil 01 burst burat lurt through tho the cap rock and began flowing ow I n The two big hg tanks have been filled four times and pumped to the Greybull Refining company compan where It I has been refined Into gasoline and kor- kor Drilling on on well wel No 4 Is about ready to begin tho the new ll rig being al almost almost al- al most ready for operation The Tho amount of ot oil 01 that tho the new well weB Is pro producing la Is li remarkable from tho the fact tact that tho the oil 01 sand has hns never b 1 A drilled e cr 1 Into not even the cap rock bavins' bavins broken through when ell en cit uc aa flowing Thero There Is IR no knowing what It will wil do dowhen dowhen when tho the cap lock rock Is drilled through nn and driven into the sand Tho The well wel continues to maintain an average n of ot alo around nd OO barrels barll per pcr day which Is IB a splendid crR a average O under the stances TIre The zuber tract on which the tire well wol wole l is e located ha ban become famous for fOl two things ne thIng fine vegetables and 11 big biff oil 01 wels velIs I |