The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 23
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PROCTER & GAMBLE CO. V. BERLIN: MILLS CO.
was put to starboard. When the Florida was about a quarter of a m-ile
away froin the Chelsea and still upon her port bow, the Florida, in-
stead of proceeding under a starboard wheel across the bow of the
Chelsea, as agreed upon by the signals, swung to starboard and show-
ed her port side to those in charge of the navigation of the Chelsea."
A moment later, as is charged, the Florida swung back to her own port
hand, and collision followed between the Chelsea's starboard bow and
the Florida's starboard side.
The question of fact is whether this statement is true, or whether,
as charged by the Florida, Chelsea, after agreeing to permit Florida
to pass her bow, continued on at too great speed and ran into the
ferryboat as the latter was in the act of doing exactly what the Chel
sea had agreed to.
The testimony on this point from the contending vessels is hope-
lessly conflicting, the apparently distinterested evidence from the Gil-
len favors the Florida, collision could not have happened without very
culpable navigation by some one, the explanation given by Chelsea
asserts far more complicated and unusual wrongdoing than that of
the Florida, and the trial judge, having seen and heard all the wit-
nesses, believed the ferryboat's story. Under such circumstances we
should adopt the finding below.
Decree affirmed, with interest, and one bill of costs.
PROCTER & GAMBLE CO. v. BERLIN MILLS CO.*
(Circuit Court of Appeals, Second Circuit. November 13, 1918. On Petitions
for Rehearing, January 9, 1919.)
L PATNs 'S 328-CoNsTRucTIoN-VALIDITY.
The Burchenal patent, No. 1,135,351, for a homogeneous lardlike food
product, consisting of incompletely hydrogenized vegetable oil or cotton
seed oil, held valid, and to show invention, despite the contentions that
the matter is so obvious, as not to rise to the dignity of invention, that
the process of hydrogenating oils was already known, and that a similar
product had been previously produced by the mixture of cotton seed oil
and animal stearn.
2. PATENTS =312(3)-INFBINGEMENT-DEFENSS-EVIVDZNCE.
In an infringement suit, the contention that the one in whose name
the patent was granted was not the actual inventor is an affirmative
defense, which must be sustained by fair preponderance of the evidence.
. PATENTS ::112(1)-VALIDrrr-PEsUMPTION.
The presumption of validity of a patent extends to the identity of the
inventor, who swore to the invention in the statutory form.
4. PATeNTS 4=312(3)-INVENTn--IVIDENCE.
It is immaterial whether a patentee understands or correctly states the
theory or philosophy of the invention, so the fact that the one who pat-
ented a lardlike food, consisting of incompletely hydrogenized vegetable
oil,, was not 'a chemist, etc., and did not understand all phenomena lead-
ing to the result, does not, in an infringement suit, show that be was not
4For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
*CertIorari granted 249 U. S. --, 39 Sup. Ct. 390. 68 L. Ed. -.
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/37/: accessed July 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.