THE INDIA RUBBER WORLD 



163 



JUDICIAL DECISIONS. 



r^oini K I'.MiKic TiRK Co. ;■.!. Gener.\l Tire & Rubber Co. — In 

 *-^ equity, Dislrict Court, Northern District of Oliio. East- 

 ern Division, .-Xugust 12, 1919. 



Patent No. 964,446, for a blow-out patch for use in reinforcine 

 or repairing automobile tire casings, was declared invalid on the 

 grounds of want of invention and of prior public use. Four 

 persons in repair shops in Ohio, Pennsylvania and New York 

 testilicd that they had used similar patches and the identical 

 process before the patent was granted. Bill was dismissed. (See 

 The India Rubber World. September 1, 1919. (Federal Re- 

 porter, Volume 258, page 932.) 



Feathkredce Rubber Co. fs. Miller Rubber Co. et al. — Cir- 

 cuit Court of Appeals, Sixth Circuit. June 30, 1919. 



Patent No. 1,045,234, issued to Willis and Felix for a process 

 for making artificial sponges, which had passed duly to the 

 Fealhcredge company, was declared invalid because the disclosure 

 of the process in the patent is not sufficient to enable one skilled 

 in the art to manufacture sponges with commercial success. 



It was shown that the president of The B. F. Goodrich Co. had 

 brought back from Russia the identical process, and after making 

 ;iiany sponges had stopped the manufacture because it was un- 

 satisfactory. No rubber sponges were made successfully without 

 paragol, a later invention which the plaintiff used but did not de- 

 clare in the patent, and which the defendant also used. Judg- 

 ment of lower court affirmed. (See The Ind!.\ Rubber World, 

 November 1. 1918.) (Federal Reporter, Volume 259, page 563.) 



TREASURY DECISIONS. 



No. 43444.— Protest 930346 of F. W. Myers & Co. (Detroit). 



Rubber Buffing Scrap. — Waste scrap rubber buffing, classified 

 as waste not specially provided for at 10 per cent ad valorem 

 under paragraph 384, tariff act of 1913, is claimed free of duty 

 under paragraph 513 as scrap rubber fit only for manufacture. 



Opinion by G. A. Adamson : While the statute does not 

 specifically mention the word "buffing," the merchandise was 

 held to come squarely within the provisions of paragraph 513. 

 United States v. Michelin Tire Co. (1 Court Customs .Appeals, 

 518, T. D. 31544) noted. (Treasury Decisions, Volume 37, No. 

 19, page 37.) 



No. 43456.— Protest 931900 of American Chicle Co. (Buffalo). 



Chicle. — Dissected chicle classified at 20 cents per pound is 

 claimed dutiable at 15 cents per pound under paragraph 36, tariff 

 act of 1913. 



Opinion by G. .\. McClelland : The assessment of duty appear- 

 ing to be in harmony with G. A. 7984 (T. D. 36788) and ab- 

 stract 41818, affirmed in Sheldon v. United States (8 Court of 

 Customs, .\ppeals, 9; T. D. 37123) and .American Chicle Co. v. 

 United States (9 Court Customs Appeals ; T. D. 37841, the protest 

 «as overruled. (Treasury Decisions, Volume 37, No. 20, page 

 15.) 



DECISIONS OF THE FEDERAL TRADE COMMISSION. 



P'ederal Trade Commission vs. William T. Batcheler. 



George Batcheller and Akron Tire Co., Inc. (Long Island 

 City, New York). 



The respondents were cited to appear in March last with E. P. 

 Jones and others before the Federal Trade Commission on the 

 charge of repairing automobile tires and selling them as new with 

 false representations as to their being able to run 4,500 miles. The 

 commission on September 25, 1919, found that the respondents 

 used unfair methods of competition, in the identical words of its 

 decision against the other respondents, delivered last April, re- 

 ported in The India Rubber World for May 1, 1919, and 

 enjoined them from making false statements, from offering 

 for sale reconstructed tires without distinct indication that they 



are rebuilt and from advertising that the tires can give service for 

 4.000 miles. ( I'cderal Trade Commission, Docket 253, September 

 25, 1918.) 



THE OBITUARY RECORD. 



HEAD OF THIRTY-TWO RUBBER STORES. 



WILBUR S. Alling, head of the Ailing Rubber Co., which has 

 retail stores in many cities of Connecticut, Massachusetts, 

 and neighboring states, died suddenly November 15, 1919, at a 

 hotel in Willimantic, Connecticut, to which pl.ice be had gone with 

 his son in order to purchase a 

 business block that should contain 

 the thirty-third retail rubber store 

 of their company. 



Mr. Ailing was born in Oxford, 

 Connecticut, March 18, 1859, of 

 Puritan stock, the son of Edwin J. 

 and Laura (Bigelow) Ailing. He 

 descended in the direct line from 

 Roger Ailing of Kempster, Eng- 

 land, who settled in New Haven 

 in 1638, was treasurer of the col- 

 ony for thirty years and deacon 

 of the Centre Church. His resi- 

 dence was on the land now be- 

 tween Church and Chapel streets, 

 and on it stands to-day one of 

 the Ailing stores. Mr. Alling's ^^^^^.^ g ^^^^^^ 



father was a merchant and farmer 



and is still alive: he volunteered at the first call in New Haven, 

 fought through the four years of the Civil war and was severely 

 wounded at Atlanta. 



Mr. .Ailing was educated in the country school at Oxford, and 

 when seventeen clerked in a country store at New Hartford. 

 By 1887 he had established a rubber store in partnership with 

 his brother, Noyes E. -Ailing, a business which has developed 

 into a chain of 32 retail stores in six states. .At the same time 

 he started the Morgan Silver Plate Co., of Winsted, of which 

 he was president until his death. He was married in 1881 to 

 Mary Edna Tiffany, by whom he had five children, three of 

 whom survice : Mrs. Edna Ailing Smith, Ward Tiffany Ailing, 

 and Sidney Bigelow Ailing. The family moved to Norwich in 

 1890, and Mrs. Ailing died in 1901. Mr. Ailing married again, 

 in 1906, Minnie Smith, who survives him. He also leaves four 

 brothers, all of whom were associated with him in business. 



Mr. Ailing was one of the largest holders of real estate in 

 Norwich ; he was a member of the Chamber of Commerce in 

 that city and of the Dime Savings Bank corporation, and was 

 an active worker in the Congregational Church and in the 

 V. M. C. A. He was a representative in the Connecticut State 

 Legislature for two terms. 



FORMER RUBBER FACTORY ENGINEER. 



Charles H. Gary, wlio was formerly chief engineer at the fac- 

 tory of the National India Rubber Co., Bristol, Connecticut, but 

 was retired a quarter of a century ago, died October 19. 1919, 

 at the Rhode Island Hospital, Providence, where he had been 

 undergoing treatment for a week. He was 73 years old and 

 was born in East Hampton, Maine. 



The delayed publication of this issue makes possible the 

 notice of the death of George E. B. Putnam that occurred early 

 in December. He was well known in the shoe, leather and 

 rubber industries as a writer and journalist. A complete obit- 

 uary will be published in the January number. 



TO "Ri dber Machinery" will be .sent free upon request^ 



