Bulletin 164 Abstracts of Current Decisions on Mines and Mining

ORE CONCENTRATION PROCESS-PATENT OIL FLOTATION PROCESS. The invention of the patent issued to Sullman, Picard & Ballot November 6, 1906 (United States Letters Patent No. 835120), is based upon the discovery of an wholly unexplained phenomenon arising from the agitation of ore pulp containing oil and air in certain proportions. This was a discovery in an art in which it was well known that the elements of oil, air, and agitation possessed certain characteristics and produced certain results. As early as 1860 a British patent first suggested the use of oil in water concentration of ores by pointing out the affinity which oils have for metallic sub- stances in preference to gangue. Subsequently many patentees employed the known affinity of oil for metal in ore concentration proc- esses by using oil in proportions varying from 2 per cent to 300 per cent of the ore and recovering the oil-coated metal particles by causing them to rise to the top or sink to the bottom of the pulp. In these processes the agitation was either gentle or thorough but never great, and though always employed to produce thorough oiling of the metal it was used in different degrees for the sole pur- pose of causing the metal particles to rise or sink. In the prior art the oil was used for its known selective affinity for metal, agitation was em- ployed to mix the oil with the metal, and air was introduced to supple- ment the buoyancy of oil in raising oil-coated metal particles to the surface. To this extent had the art of oil flotation advanced when the patentee entered it, having reached the commercial stage in only two processes, representing respectively metal-flotation and metal-sinking processes, and having reached the stage of success in none. In the line of experiments by the patentee when the proportion of oil to ore was reduced to 1.5 per cent a "float" appeared; at 1.04 per cent still more "float" appeared; at 0.32 per cent the "float" again vastly in- creased; at 0.1 per cent the "float" again vastly increased. It thus developed that in using oil at 0.1 per cent or even at 0.05 per cent of the ore and after violently agitating the pulp from 24 to 10 minutes, there arose to the surface when the pulp was brought to rest, a thick froth or foam of oil-coated air bubbles carrying oil-coated metal particles to the extent of about 90 per cent of the metal con- tent, the foam being sufficiently stable to permit removal and metal recoveries. This was a new result based upon phenomenon then unknown and still unexplained and constituted discovery and promised a change in the art of oil flotation from laboratory experi- ments and mill failures to commercial success. The patent referred to covering the points mentioned has been sustained by the District and the Circuit Courts of Appeals and by the Supreme Court. Miami Copper Co. v. Mineral Separation, 244 Federal, 752, pp. 754-757. ORE CONCENTRATION PROCESS-OIL FLOTATION-INFRINGEMENT. The Miami Copper Co. in its process of concentrating ores by the oil flotation process used three distinct processes that were either the processes included and covered by the Sullman, Picard & Ballot patent or their fair equivalent and which were clearly an infringe- ment of the patent, and the company can not escape liability for such infringement by taking an additional step, although such additional step if taken alone would not constitute an infringement of the Sullman, Picard & Ballot patent. Miami Copper Co. v. Mineral Separation, 244 Federal, 752, p. 768. ORE CONCENTRATION PROCESS-VALIDITY OF GREENWAY PATENT. The patent issued to H. Greenway, June 9, 1914 (Letters Patent No. 1999699), is valid. The process disclosed in this patent was a substantial departure from processes of the prior art. The heating of water is a matter of large moment and the use of acids is a matter of constant and considerable expense. By wholly dispensing with both by the use of a minute quantity of hydroxy compounds, the patentee has disclosed an original and novel plan which has broad- ened and made more simple the agitation process of air flotation. The novelty and inventive character of Greenway's discovery is patentable.