Show OIL FLOTATION SUIT the boston news bureau in commenting upon the case of the minerals separation vs the butte superior summarizes the statements of the plaintiff as follows the application of minerals separation co ltd for a writ of certiorari in the so called flotation litigation having been granted the united states supreme court will review the proceedings instituted by the company to restrain butte superior mining company from infringing on its patented process arguments were heard today and may last the balance of the week on account of the technical questions involved it is not expected that a decision will be handed down for some time the mining world waits intense interest the decision of the highest court in the land mining men say that in one move the flotation process for the concentration of ores accomplished an improvement in the the saving of values which equalled equal led in importance the combined improvements of other methods during the past twenty years 4 founded on principles long known to scie science nep its practical application was revolutionary in effect prior to the use of flotation the chief factor on which concentration depended was specific gravity when the ore did not require too much crushing results were comparatively satisfactory but at best the separation was so incomplete as to entail important losses in arguing for the minerals separation today counsel stated that the court has already decided that the patentees discovered a new process of ore concentration and that the prior art in no way disclosed an anticipation of the invention 11 no new evidence of prior art calling for a reconsideration of this conclusion of this court has been presented declared counsel indeed this conclusion is confirmed by the additional testimony in the instant case it is established beyond question that the inventors were pioneers in the successful practice of ore concentration by air froth flotation in the hyde case this court decided that the patentees were entitled to the invention as described in the specification and pointed out in the claims adjudicated to be valid counsel then pointed out that an interpretation pre tation of the supreme court decision in the hyde case by the circuit court of appeals limiting the use of oil to 12 of I 1 per cent on the ore opened the way to avoid the patent by mixing for example with two tenths of 1 per cent of an oil or oily liquid which upon agitation will form a mineral air froth anything more than three tenths of 1 per cent of an oil or oily liquid which will not form an air froth upon agitation this procedure adopted by the butte company was held by the circuit court of appeals not to infringe the patents in suit in submitting its brief the plaintiffs stated that following the supreme court decision in the hyde case three years ago the alternatives of submission to the adjudicated judica ted rights under the patent or of at evasion of the patent were presented after preliminary experiments in the mill defendant decided to pursue the course of evasion setting forth the changes wrought in oil the brief states that in december 1916 the butte company used pine oil alone at per cent of the ore in january 1917 petroleum oils were added increasing the total amounts of all oils to per cent and the pine oil was lightly increased to per cent in february the total was increased to per cent and the pine oil to per cent in march the total was per cent and the pine oil per cent the froth forming oil says the brief was less than 02 of I 1 per cent although the total 0 fall oils used was slightly more than 1 per cent acts of since the supreme court decision in the hyde case dec 11 1916 constitute the principal new facts in the case minerals separation counsel contend saying that operations of the character practiced by the defendant since that decision were wholly unknown prior thereto these operations were devised by the defendant in its efforts to evade the patent and involve three essential elements viz 1 A mineral froth forming oil in the maximum proportion of about 2 10 per cent on the ore to wit the insoluble part of pine oil 2 non mineral froth forming oils incapable of effectuating the process present in larger amounts which amounts were eventually increased so that the total of all oils was I 1 per cent or slightly more to wit kerosene and fuel oil and equivalents 3 A soluble mineral frothing agent to wit the soluble part of pine oil it is now known that the use of a soluble mineral frothing agent makes it possible to add an excess of ineffective oils without preventing the operation of the process |