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for a license under said patent, setting forth under oath his reasons why such license should be granted." I t is not likely that any further hearings will be held on this subject, inasmuch a s it is being represented that the new bill in corporates the ideas o f those who appeared in opposition to H. R.. 9259. It i s not un likely that H. R. 10O68 may be reported out by the committee without anyone hav ing an adequate opportunity to present his views. Many see in the new bill no imrovement whatever and in fact particularly dislike the new language indicated in the first of the three paragraphs cited. It becomes important under all circum stances for those who may care to d o so to express their opinions directly to the members of the House Committee on Pat ents, listed on page 158 of t h e N E W S EDITION of March 20.
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Patent for Preparation o f Mag nesium Hydrate Held Invalid by Appeal Court P a u l D. Boone, P a t e n t A t t o r n e y , M u n s e y B l d g . , W a s h i n g t o n , D· C . N AN appeal in t h e 2nd Circuit Court of Appeals wherein the Plant Products Co. was the appellant and the Chas. H. Phillips Chemical Co. the appellee, the decision of the lower court was affirmed. The invention in suit was for the prepara tion of magnesium hydrate and especially from the ordinary milk of magnesia for the purpose of being; formed into tablets which, when brought in contact with wa ter, would produce what is known as milk of magnesia. B y the Crossley patent, No. 1,694,341, pure milk o f magnesia i s allowed to settle, and after a s much as possible of the mother liquid has run off, the remain ing precipitate of magnesium hydroxide is preferably filtered through a filter press to remove the larger portion of water. This soft mass is then subjected t o heat, prefer ably at a temperature not t o exceed 250° F. or such temperature as will remove all of the moisture in the mass (except its water of constitution) without affecting its physical, chemical, o r therapeutical propperties. The dried Hydrate is then mixed with cornstarch and sugar, and this prod uct is "granulated" with alcohol, fla vored, and finally pressed into tablets. The defendant is a n old manufacturer of milk of magnesia and sells tablets which it advertises as a concentration in stable form of "true liquid milk, of magnesia." The Court said: "It was proved upon the trial that the plaintiff's tablets did not revert to milk of magnesia in the colloquial sense at all." It then proceeded t o give its opinion: "We are n o t entirely clear that this product should he classed as not milk of magnesia at all. Perhaps it may roperly be called poor milk of magnesia." The patent's disclosure was held insuffi cient. The Court left no doubt as t o its views, rather tersely concluding: The patent seems to us without merit: whatever Crossley discovered, he did not dis close—if he discovered anything at all— he told nothing, and. so far as appears, his disclosure has resulted in nothing. The plaintiff's tablets may be excellent, they may be better than what preceded them, they may owe everything to Crossley, but they owe nothing to the document before us.
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CHEMISTRY
VOL. 16, NO· 10
Sulfated Fatty Alcohol Patents Sustained in Germany
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ECENTLY published statements imply that the manufacture and sale of sulfated cetyl alcohol or sulfated sperm oil alcohol fall outside the valid scope of the sulfated fatty alcohol patents owned by the American Hyalsol Corp. and that there has been no impartial determination that the manufacture of sulfated sperm oil alcohol involves infringement of these patents. These statements and their im plications are unjustified in view of de terminations by German courts of the questions involved, according t o a recently issued statement of Lewis H. Marks, resident of American Hyalsol Corp. That the same decisions will be made by United States courts seems a logical con clusion, the statement continue.
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On t h e 30th of March, 1928, H . T h . B o h m e A.-G. of Chemnitz, Germany, filed application for Letters Patent in Germany, N o . B . 136,719, covering t h e method of producing sulfuric acid esters of higher u n saturated . aliphatic alcohols of 18 carbon atoms, and o n the 30th of M a y , 1931, this company filed divisional application for Letters Patent in Germany. N o . B. 150.315, covering t h e use of the sulfuric acid esters of saturated alcohols corresponding t o t h e fatty acids of 16 to 18 carbon atoms as wetting, cleaning, a n d penetrating means. These t w o applications h a v e resulted in the grant of German patents N o s . 640.997 and 659.277, issued, respectively, on D e c e m ber 24. 1936. and March 3 1 . 1938. Corresponding rights for t h e United States and the Dominion of Canada under t h e above applications have been purchased and assigned t o the American Hyalsol Corp. When t h e applications for patents N o s . B . 136.719 and Β. 150.315 were allowed and laid open for opposition, these applications were opposed by Flesch-Werke Aktiengesellschaft of Frankfort on the Main. Germany, which company w a s then producing sulfated alcohols from sperm oil, and in turn a suit was filed b y H. T h . Bohme A.-G. against Flesch-Werke Aktiengesellschaft in t h e Civil Courts of Germany for infringement on t h e claims of these applications, which procedure is permissible under Section 3 0 of the German Patent Act which permits suits for infringe m e n t t o be brought on applications which h a v e been laid open for public inspection while oppositions are pending and prior t o the actual grant of t h e patents. This suit was heard in a Public Session of Civil Court 16a of Supreme Court I. Berlin. Ger m a n y (equivalent to a United States D i s trict Court), and on September 17, 1932. resulted in a decision against Flesch-Werke Aktiengesellschaft in which Flesch-Werke Aktiengesellschaft was enjoined from Industrially offering for sale, bringing into the trade or utilizing esters made from sulfuric acid and the alcohols corresponding to the fatty and oily acids) as dispersing, wetting agents, or penetrating media. and was also sentenced t o make an account ing of profits and damage resulting from t h e infringement t o H . T h . Bohme A.-G. This decision was later appealed b y FleschWerke Aktiengesellschaft but before the a p peal was heard, Flesch-Werke Aktiengesell schaft withdrew t h e appeal and opposition and m a d e settlement for profits and damages against it.
The application B . 150,315 w a s then o p posed b y D r . Dambacher o n behalf of former employees of Flesch-Werke Aktiengesell schaft. In each of these oppositions a n d i n t h e suit against Flesch-Werke Aktiengesell schaft· prior literature citations referring t o laboratory work with cetyl alcohol sulfonate and other prior literature citations were considered by t h e Court, and it w a s held t h a t none of these prior references taught t h e u s e of sulfuric reaction products of t h e alco hols of 16 t o 18 carbon atoms as washing, d i s persion, a n d penetrating media. I n a d e cision rendered November 5 , 1937, i n t h e o p position proceedings, i t w a s ordered that a patent be granted o n t h e application B . 150,315 with the following claim: Use of sulfuric acid esters made by reacting sulfuric acid or fuming sulfuric acid with alcohols corresponding to saturated fatty acids with 16 to 18 carbon atoms as wetting, dispersing, cleaning, and penetrating means. This patent is N o . 659,277 (Erleilungen, date March 31, 1938). The use and manufacture of t h e sulfuric reaction products of t h e higher fatty alcohols are covered broadly i n United S t a t e s Letters Patent N o s . 1.968,793; 1,968,794; 1,968,795; 1,968,796, and 1.968,797, issued t o t h e American Hyalsol Corp. o n July 3 1 , 1934. These patents are based upon the t w o abovenoted German applications, as well as other German application. T h e manufacture, use, and sale of t h e sulfuric reaction products of mixed alcohols recovered from sperm oil is covered specifically b y United S t a t e s Letters Patent N o . 2,114,043 issued t o t h e American Hyalsol Corp. o n April 12, 1938.
"Do u n t o Others"
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HE February issue of Sales Manage ment Magazine has the following to say about a unique notice to be found at the Chattanooga home office of the Ameri can Lava Corp. : Λ letter is posted just inside the entrance and at the stairway of a three-story building where the offices are on the second floor. The letter is headed "Welcome to Salesmen and Other Callers," is signed by the presi dent, and reads as follows: Bearing in mind that our own sales represen tatives call on our customers and "prospects" we expect them to be accorded a courteous hearing, we desire to afford one to you. Whatever your errand, unless you wish to dis cuss politics or strikes, this company expects you to be greeted politely, pleasantly and promptly by everyone with whom you come in contact here. When time is short or callers numerous the usual preference will be shown those from out of town. If you have something to sell which does not fall in the usual channels of a purchasing depart ment, ask at the information desk to the left at head of stairs. Please go there first anyway. Thank you for your call. We hope it may be profitable to us both. Then follow the names of six executives with their titles a n d the type o f problems which each one handles. All of u s w h o are interested in cutting down the w a s t e of d i s tribution might take a tip from t h e American Lava Corp. Salesmen could sell more mer chandise a t a lower cost if more buyers fol lowed the practice of the corporation.
The AMERICAN CHEMICAL SOCIETY assumes no responsibility for the statements and opinions advanced by contributors to its publications. Published by theAMERICANCHEMICAL SOCIETY, Publication Office, 20th & Northampton Sts., Easton, Pa. Editorial Office. Room 706. Mills Building, Washington DC.: Telephone, National 0848; Cable. Jiechem (Washington). Advertising Department, 332 West 42nd St.. New York. Ν. Υ.; Tele phone. Bryant 9-4430. Entered as second-class matter at the Post Office at Easton. Pa., under the Act of March 3 . 1879. as 48 times a year. .Industrial Edition monthly t h e first; Analytical Edition monthly on the 15th; News Edition on the 10th and 20th. Acceptance for mailing at special rate of postage provided for in section 1103. Act of October 3 . 1917. authorised July 13. 1918. foreign postage $2.40 except to countries acceptSUBSCRIPTION to nonmembers, INDUSTRIAL AND ENGINEERING CHEMISTRY complete. $6.00 per year; foreign postage $2.40, except to countries accePt ing mail at American domestic rates; Canada. 80 cento. Analytical Edition alone. $2.50 peryear; foreign postage, 60 cents; Canada, 20 cents tion alone. $1.50 per year (single copies. 10 cents); foreign postage. 60 cents; Canada. 20 cents. Subscriptions, changes of address, and claims for lost copies should be sent t o Charles L. Parsons Secretary, 728 Mills Building. Washington. D. C.
