THE INDIA RUBBER WORLD 



[November 1, 1918. 



JUDICIAL DECISIONS. 



PANTHER Rubber Manufacturing Co., v. I. T. S. Co., 

 Circuit Court of Appeals, Sixth Circuit, March IS, 1918. 



The Ferguson patent No. 638,228, for a rubber-heel attach- 

 ment for boots and shoes, is construed as having a raised marginal 

 portion on the upper side of the tip, leaving a substantial de- 

 pression in the center. This, it was declared, was not infringed 

 by a heel having shallow scorings or channels in the shape of a 

 shield. (Federal Reporter, Volume 250, page 253.) 



Feathf.redge Rubber Co., v. Miller Rubber Co., et al. — 

 District Court, N. D. Ohio, E. D., Tune 26, 1918. 



The Willis & Felix patent No. 1,045,234, for a process for 

 makiag rubber sponges was held invalid because of the insuffi- 

 ciency of the disclosures to enable one skilled in the art to 

 manufacture sponges with commercial success. 



The only step that discloses invention is that of curing under 

 steam pressure in order to preserve intact the walls of the cells 

 formed by the expansion of the blowing material until they 

 can be mechanically ruptured. 



A like process was used by the Goodrich people in 1903. They 

 later discontinued the manufacture of the article because of the 

 excessive waste. 



Willis & Felix did not disclose a workable compound or blow- 

 ing and moderating material and with the ordinary compounds 

 the process was not workable. The patent was therefore held 

 invalid. (Federal Reporter, Volume 250, page 255.) 



B-^RRETT et al. V Sheaffer. — Circuit Court of Appeals, Seventh 

 ■Circuit, January 2, 1918. 



The SheafTer patent No. 1,118.240, for improvements in attach- 

 ment for self-filling fountain pens, consisting of a spring arrange- 

 ment to hold the presser bar firmly, independent of the compes- 

 sible reservoir in connection with a lever-filling device, held valid 

 and infringed as to claims 1 and 2. 



Barrett contracted to make 10,000 holders for the Kraker Pen 

 Co. He delivered some of these, understanding that they would 

 be made into an infringing article. It was therefore found that 

 he was guilty of contributary infringement. Interference pro- 

 ceedings are now pending in the Patent Office. No infringement 

 was found in claims 3. 4, 5, 7, and 11. (Federal Reporter, 

 Volume 251. Page 74.) 



CUSTOMS APPRAISER'S DECISIONS. 



Tennis Balls.— The duty on tennis balls, imported by A. L. 

 Tuska Son & Co., of this city, is reduced in a decision rendered 

 by the Board of General Appraisers. When entered here, the 

 customs collector levied duty at the rate of 35 per cent ad 

 valorem, the provision for toys in paragraph 342 of the Tariff 

 Act of 1913. The profestants contended for duty at 30 per cent 

 ad valorem under paragraph 266 as manufactures in chief value 

 of cotton; at 25 per cent ad valorem under paragraph 368 as 

 manufactures of grass, straw or weeds, or at 10 per cent ad 

 valorem under paragraph 368 as manufactures of india rubber 

 or gutta-percha, not specially provided for. 



It was shown by the testimony that the merchandise is not a 

 toy and analysis proved that cotton was the component material 

 of chief value therein. Accordingly, it was held dutiable at 

 30 per cent ad valorem under paragraph 266. 



Elastic Braids.— The collector's assessment of duty on cer- 

 tain elastic braids is upheld in a decision overruling a protest 

 of Calhoun, Robbins & Co., New York City. The appraiser 

 reported that the goods in question consisted of "elastic braids 

 composed of cotton and india rubber threads and of silk and 

 india rubber threads." Duty was assessed at the rate of 60 

 per cent ad valorem under paragraph 358 of the Tariff Act of 

 1913. The importers claimed, that the braids were properly 

 dutiable at the rate of 45 per cent ad valorem under paragraph 

 316, or at the rate of 25 per cent ad valorem under the provision 



in paragra|)li 202 of said act for "fabrics with fast edges, not 

 exceeding twelve inches in width, all of the foregoing made of 

 cotton or other vegetable fiber, or of which cotton or other 

 vegetable fiber is the component material of chief value, or of 

 cotton or other vegetable fiber and india rubber, and not em- 

 broidered by hand or machinery." The protest was overruled in 

 view of the record. 



REAPPRAISEMENTS. 



Reappraiscnients of merchandise recently made by the Board 

 of General .'\ppraisers follow: 



SiAK. — From the United Malaysian Rubber Co., Singapore, 

 e-xported May 18, 1917, entered at New York, August 10, 1917. 

 File No. 92220. Entry No. 206163-2. McClelland, G. A.: Siak 

 reboil, entered at $23; reappraised at $25.25 per picul. Add pack- 

 ing. 



Jelutonc. — From Xed. Ind. Boschproductcn Maalschappij, 

 Banjermassin, Borneo, exported Nov. 25, 1917; entered at New 

 York March 3, 1917. File No. 90290. Entry No. 127447-2. Mc- 

 Clelland, G. A. Jelutong (ordinary) ; invoiced at 8.70 florins 

 per picul. Gutta Hangkang; invoiced at 23 florins per picul. 

 Gutta Katiau ; invoiced at 16 florins per picul. Entered at same 

 prices plus buying expenses. Reappraised as entered. Add cases 

 on all. 



Gutta Percha, Etc.— From Ned. Ind. Boschproducten Maal- 

 schappij, Banjermassin, Borneo, exported June 25, 1917; entered 

 at New York October 9, 1917. File No. 92743. Entry No. 230046-2. 

 McClelland, G. A. : Gutta Dotrian ; invoiced at 54 florins per 

 picul. Gutta percha ; invoiced at 27 florins per picul. Gutta 

 Katiau, first quality; invoiced at 19.50 florins per picul. Gutta 

 percha ; invoiced at 26.50 florins per picul. Entered at same 

 prices plus buying expenses. Reappraised as entered. Add 

 cases on all. 



Gutta Percha, Etc. — From Ned. Ind. Boschproducten Maat- 

 schappij, Banjermassin, Borneo, exported August 11, 1918, entered 

 at New York January 30, 1918. File No. 94280. Entry No. 8649-1. 

 McClelland, G. A. ; Gutta percha ; invoiced at 27 florins per picul. 

 Gutta Katiau, 1st qual. ; invoiced at 19.50 florins per picul. En- 

 tered at same prices plus buying expenses and coolie hire. Add 

 cases. Reappraised as entered. 



Jelutong, Etc. — From Ned. Ind. Boschproducten Maatschappij, 

 Banjermassin, Borneo, exported September 27, 1917; entered at 

 \'ew ^'ork January 31. 1918. File No. 94282. Entry No. 9009-1 

 McClelland, G. .-K. ; Jelutong, ordinary, invoiced at 11.20 florins per 

 picul. Gutta Katiau, first quality, invoiced at 19.60 florins per 

 picul. Gutta percha, invoiced at 28.50 florins per picul. Add cases. 

 Entered at same prices plus coolie hire and buying expenses. Re- 

 appraised as entered. 



Gutta K.\tiau. — From Ned. Ind. Boschproducten Maatschappij, 

 Banjermassin, Borneo, exported March 15, 1918; entered at New 

 York September 2, 1918. File No. 94294. Entry No. 13607-2. 

 McClelland, G. A.; Gutta Katiau, first quality, invoiced at 19.25 

 florins per picul. Add cases. Entered at same prices plus buying 

 expenses and coolie hire. Reappraised as entered. 



RUBBER SPONGE MANUFACTURE— A CORRECTION. 



The following in the September issue of this journal was a bit 

 of carelessness on the part of the Editor and merits correction. 

 The statement was : "The equipment for making bath sponges, 

 for example, is just right for sponge rubber in gas masks." 



The thought intended was that the mental equipment, that is 

 the experience, gained in making rubber sponges would be avail- 

 able for the manufacture of sponge rubber for gas masks and 

 for a variety of other war uses. As to the mechanical equipment 

 being the same in the manufacture of rubber sponges and sponge 

 rubber, it is not. The former calls for machinery and devices 

 that cannot be used at all for the latter. 



