Transcript of Record — Minerals Separation, Ltd. v. Butte & Superior Mining Co.

Supreme Court brief1919

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INDEX TO VOLUME IIL.

Original. Print

Defendant's Exhibit) Certified Copy of File-wrapper

and Contents of Schwarz Patent No. 807,501........ 1881 1105

Defendant's Exhibit Certified Copy of File-wrapper

and Contents of Schwarz Patent No, SOT508........ 1901 1116

Defendant's Exhibit) Certified Copy of File-wrapper

and Contents of Kirby Patent No. CN se siccvecas 1927 1131

Defendant's Exhibit Certified Copy of File-wrapper

and Contents of Patent in Suit. No. EE box vcs 1974 1156

Defemlant’s Exhibit: Certified Copy of File-wrapper

and Contents of Kirby Patent No. Re 2011 1178

Bradford patent No. S45.901...............000...... 2052 1204

Evers patent No. 308 057................0000000... 2057 1209

Wagner patent No 373.013..................0.5...., 2060 31212

Horkley patent No, MMG%.. eee cece. 2064 1215

Rowe patent No ODM... .. 2... eee ec ccccee ee, 2070 1221

Hebron and Evessen pmtemt No. 471,176... .. cc ccccce. 2075 1226

FP. E. Elmore patent No. ests... o.oo... LOSS 1235

F. EB. Elmore patent Ne. I 60 5 u5.u¥shedinecavede 2089 1239

A. 8. Elmore patent No. @070.................... 2093 1243

A. 8. Elmore patent No, 602,643.................... 2006 1246

Stoveken patent No, TIDAUG............00.00000005., 2098 1248

Delprat patent No, T35.071...............00c00-00. 2108 1258

Glogner patent No, T96,381................00005..... 2112 1261

FOOR PRONE Mo, THBED.. ccc cccecccccccececscce, 2116 1264

Delprat patent No. TO8,085.........00...0c00000-55., 2122 1269

Kendall patent No, 771.075. .............cccceceeee.., 2126 1272

Potter patent No. TIG14B... 6.2... ccseseccccvucees.., 2132 1277

Cattermole patent No. T77,273.........cccccceceees., 2136 1280

Cattermole, Sulman and Picard patent No, 777.274.... 2141 1285

Cattermole, Sulman and Picard patent No, 788,247.... 2148 1287

Sulman and Picard patent No. BON: io bo be N ok ccw ss 2146 1289

Schwarz patent 807,501.............. Shlewes ie Wie tea 2151 1294

Schwarz patent 807,503......... een ere ery Pere oo 2155 1297

Kirby patent 809.959... OP ee ree ACF a eee oes oe 1299

Sulman patent 835,143......... palalelaeiatk ao wale a a atee ae 1308

Sulman, Picard and Ballot patent 835,479. ........... 2172 1311

Kirby patent 888,626... . Rianne as a ateleie ene Rove eet 2176 1314

Sulman, Picard and Ballot PATONE STOOBG . 6.0.66 cscs enn 2181 1319

Hyde patent 1,022,085.................. CRs wA pie esac 2188 1326

English patent to Lake, 12,778, 1902........ rocerrroae 1332

Colloquy between court and counsel, &............ cctuces Blue 13385

Testimony of Maxwell R. BUWEIOR: os6 cs. oe vaeaWeeedlea sy: ae 1391

Testimony of Henry D. Williams......... new ane wa wueeee -. 2350 1412

il INDEX.

Original. Print

Colloquy between court and counsel, Ke... 6666666 e eee es 2353, 1414

Testimony of John Ballot.......0: eee eee cere reer re eeees 2378 144

Frank FR. Wicks... cvcccsccccncvcvcecceces 2384 1430

Cli, WRENN 6 oy cans etme inte reseén reo eens 2532 1503

Thomas A. Janney. ... cee cee eee eer eereeeee WA2 1509

Ralph Augustus Conrads.....+..ee.eee rere 2629 14

Edward W. Engleman........¢eseee eer eees 2732 1605

Ben H. Dosenbach......ccccesceseercovees 2749 1614

Samuel P. Sadtler......cccccsccccecocscers 2778 1629

Ben H. Dosenbach (recalled) .........++-+- 2836 1658

Samuel P. Sadtler (resumed )........-6+06: 2841 1661

BUTTE & SUPR. MNG. CO. V8, MIN, SEP, LTD., ET AL. 1105

1881

DEFENDAN?T’s Exuipir,

Certified Copy of File-wrapper and Contents of Schwarz Patent No.

807,501,

United States of America,

Department of the Interior,

United States Patent Office,

To all to whom these presents shall come, Greeting:

This is to certify that the annexed is a true copy from the Records

of this Office of the File Wrapper and Contents, in the matter of

the Letters Patent of Alfred Schwarz, Assignor to Schwarz Ore Treat-

ing Company, Number 807,501, Granted December 19, 1905, for

Improvement in Processes of Concentrating Ores,

In testimony whereof I have hereunto set m

seal of the Patent Office to be affi ed at the City of Washington, this

20th day of May, in the year of our Lord one thousand nine hundred

and twelve and of the Independence of the United States of America

the one hundred and thirty-sixth,

[SEAL ]

Y hand and caused the

F. A. TENNANT.

Acting Commissioner of Patents.

1882 2-437,

Divn. XXV.

Number (Series of 1900),

256,487,

1905,

Div. 3 25.

| (Exr.’s Book ) 621%,

| Patent No. 807,501.

ame: Alfred Schwarz, Assor. to Schwarz Ore Treatin

of T henix, Territory of Arizona, a

zona,

Of New York,

State of New York,

Invention: Process of Concentrating Ores,

5,

g Company,

corporation of Territory of Ari-

70—Ree.

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

Parts of applica-

Original. Renewed.

Petition, Apl. 19, 1905, ——- —, 190-.

Affidavit, “ « 1905, —— —, 190-.

Specification, “« * 1905, —— —, 190-.

< Drawing, —— —, 190-,- —— —, 190-.

= Model or Specimen

ys Not reqd., —, 190-, —— —, 190-.

§ 1 First Fee, Cash $15 Apr. 9, 1905, —— —, 190..

> ° Cert., —- —, 190-, —— —,, 190-.

Appl. filed complete Apl. 19, 1905, —— —, 190..

Examined, Lewis B. Wynne, July 12th, 1905, —— —, 190-.

Countersigned, J. W. Babson, —, 190-.

For Commissioner. For Commissioner.

Notice of Allowance, July 138, 1905, —, 190-.

Final Fee, Cash $20, Nov. 25, 1905, —— —, 190-.

.* “ Goer, —, 190-, ——- —,, 190.

[On left margin:] Division of App. No. —, filed ——-—, 190-.

1883 Patented December 19, 1905.

Associate Attorney .

Attorney Chas. 8S. Jones, 141 B’dway, New York, N. Y.

Name

3. Patent No.

Serial Number ——.

Date of Patent ——.

$15, Ck., Received Apr. 19, 1905. Y. Chief Clerk, U. S. Patent

Office.

New York, April 15, 1905,

Hon. Commissioner of Patents, Washington, D. C.

Sir: I enclose herewith the papers in the matter of the application

of Alfred Schwarz for an improvement in the Process of Concentrat-

ing Ores together with check for $15.00 in payment of the filing fee

thercon.

Respectfully,

CHARLES 8. JONES.

(Enclo.)

i ———<7——

j

|

BUTTE & SUPR. MNG. CO. V8. MIN. SEP., LTD., ET AL. 1107

1884 Mail Room,

Apr. 19, 1905,

U. S. Patent Office.

Application.

Serial No, 256,487, Paper No. “4,

Petition.

To the Commissioner of Patents:

Your petitioner, Alfred Schwarz, a subject of the Emperor of

Germany and a resident of the Borough of Manhattan, City, County

and State of New York, and whose Post Office address is No. 505

Broome Street, in the said City and State of New York. prays that

Letters Patent may be granted to him for the new and useful im-

provements in the Process of Concentrating Ores set forth in the an-

nexed specification ; and he hereby appoints Charles 8S, Jones of 141

Broadway in the said City, County and State of New York, his at-

torney with full power of substitution and revoeation, to prosecute

this application, to make alterations and amendments therein, to sign

the drawings, to receive the patent and to transact all business in the

Patent Office connected therewith.

Signed at New York City, this 31st day of January, 1905.

ALFRED SCHWARZ.

To all whom it may concern, be it known that I, Alfred Schwarz,

a subject of the Emperor of Germany and a resident of the

1885 Borough of Manhattan, City, County and State of New York,

have invented certain new and useful improvements in the

Process of Concentrating Ores of which the following is a specifica-

tion.

In the concentration of ores by the employment of hydrocarbons

as adhesive agents, it has been observed that sulfids yield better re-

sults than oxids, carbonates and chlorids, In fact, so far as known

to me, a practical application of such process before my inventions

relating to this art, has been largely, if not wholly, confined to sulfid

ores. The object of the present invention is to extend the applica-

tion of hydrocarbon concentrating processes to ores heretofore con-

sidered unworkable, by first converting such ores into sulfids pref-

erably by a wet method to thereby preserve the mass of ore in its

crushed condition and suitable for treatment according to known

methods,

In carrying out the present invention I proceed by preparing a

soluble sulfid in any well known manner, for example by dissolving

sulfur in an aqueous solution of potassium or sodium hydrate, the

sulfur being added in sufficient quantity to give the desired reaction.

The pulverized ore containing the mineral in the form of oxid, car-

bonate or chlorid is then mixed in a suitable vessel with the sulfid

1108 HUTTE & SUPR, MNG, CO, V8. MIN, SEP., LTD, BT AL.

solution, the mass being either cold or heated by suitable means and

the vessel provided with an agitator to effect a thorough and intimate

mixture, During this operation the oxid, carbonate or chlorid is

converted into a sulfid by the action of the potassium or

1S86 sodium sulfid, a form whieh is capable of subsequent practical

treatment with hydrocarbons for the separation of the valucs

from the earthy or rocky constituents of the ore, As the action of

the hydrocarbon on the metallic constituents of the ore is a surface

action, it is unnecessary to proceed so far as ‘to convert the entire

mass of the particles of oad, carbonate or chlorid into a sulfid, it

being sufficient if the surface of the particles is so converted as

thoreby there is presented all that is necessary for the desired action

of the hydrocarbon,

After the initial conversion as above described the ore may be

concentrated by any suitable treatment with a hydrocarbon, and for

such purpose T may use a hydrocarbon whieh is normally liquid, or

one which is solid at normal temperatures, or the latter in admixture

with the former as described in my application- serial Nos 210,137

910.138, 225.870 and 231,895 and U. 8. Patent No, 771,277, ot

hydrocarbons which are solid at normal temperatures and required to

he melted there may be used paraffin or ozocerite, or a resinous

hydrocarbon such as resin, pitch or asphaltum, Of normal liquid

hydrocarbons there may be used any suitable vegetable, onlennl or

mineral oil, ‘These hydrocarbons may be used singly or in combina-

tion of two or more, it being understood that the constitution of the

adhesive agent will depend upon the character of the ore to be

treated, varying as the ore varies,

Ore, either in a dry or wet condition, is mixed in any suitable vessel

having an agitator with the hydrocarbon, sufficient quantity

1887 being added to effect the desired separation, Tf the hydro-

carbon is one which is solid at normal temperatures, it is first

melted and then stirred in with the ore, the mixture being effected

by any suitable mechanical means and if desired air, steam or gas

may be injected into the mass either alone or to assist the mechanical

agitation, The injection of such gascous agent results in the hydro-

carbon taking up an appreciable quantity of air or gas giving 4

certain sponginess which increases its floating power.

As a specific example of my invention T have used as an adhesive

agent a mixture of paraffin and resin, heat being employed if neces

sary to maintain this compound in a melted condition after it has

been mixed with the ore.

After an intimate mixture with all parts of the ore has been effected

the masa is subjected to the action of water heated to any desired

temperature even as high as the boiling point whereby the earthy

or rocky constituents are liberated and washed out and settled in the

bottom of the vessel, The metallic constituents of the ore having

united with the adhesive agent may be skimmed or screened off and

run to a centrifugal drier for the separation or recovery of the con-

centrates from the adhesive agent.

Instead of subjecting the mass to the action of heated or boiling

water, cold water, preferably under pressure, may be injected into

BUTTE 4 SUPR, MNG. CO. V8. MIN. SEP, LTD. Br AL, 1109

the mass, the effect of which is to solidify or granulate the adhesive

agent, whieh, with the entrapped metallic constituents, may

ISS8 be floated or screened off, while the tailings heing saturated

with water will be precipitated more or less completely to the

bottom of the vewel, By subjecting the mas to heat in a suitable

vessel the adhesive agent is melted and the concentrates may be

separated and recovered therefrom by a centrifugal driver, filter | ress

or other means, The mass of ore adhesive agent may first be treated

with heated or boiling water and subsequently treated with cold

water, Also during the treatment with water which may be made

acid or alkaline if desired, the mas may be agitated mechanically

or by the injection of air, steam or gas.

The concentrates if necessary may be washed with a solution of

potassium or sodium hydrate to remove any remaining portions of

the adhesive agent,

While T have described in giving a specific method of proceedure

the use of a mixture of paraffin and resin, T may use either one of

these singly, the successive steps of the operation being the same.

Or T may use singly or normally liquid hydrocarbon following the

same method of operation except in such ease there will of course be

no solidification or granulation of the hydrocarbon, When wine a

normally liquid hydrocarbon the mass may be treated either with

cold or heated water to effect the separation of the adhesive agent

with the metallic constituents of the ore from the tailings.

The essential feature of the present invention is the conversion of

an ore of the character above specified into a sulfid to adopt it

1889 for treatment by a hydrocarbon, The particular method of

concentrating by the employment of a hydrocarbon being

varied according to known methods as may be desired or suitable

to the particular ore, and while T have given specific examples, 1 do

not wish to be wholly restricted thereto,

In carrying out the conversion above described, I use an exces of

sulfur above the theoretical quantity necessary to effect the change

of oxid, carbonate or chlorid to sulfid.

What I claim and desire to secure by Letters Patent is:

1. The method of treating ores which consists in subjecting a non-

sulfid ore to the action of a soluble sulfid to convert the mineral into

a sulfid, then treating the mass with a hydrocarbon and finally sepa

rating the hydrocarbon with the entrapped metallic constituents of

the ore from the tailings.

hen snlifid mineral

June 30/05. 2. The method of treating an ore containing ,

[the mineral in the form of an oxid, carbonate or

chlorid]* by subjecting the same to the action of

an alkaline sulfid to convert the mineral into a

sulfid, then treating the mass with a hydrocarbon

and finally separating the hydrocarbon with the

entrapped metallic constituents of the ore from the

tailings.

(*Words and figures enclosed in brackets erased in copy.)

1110 LUTTE & SUPR, MNG. CO, V8. MEN, SEP., LTD., ET AL.

nen sulfid mineral

June 3005, 3. The method of treating an ore containing ,

7 = [the mineral in the form of an oxid, carbonate or

chlorid]* by subjecting the same to the action of

an aqueous solution of potassium or sodium sulfid

to convert the mineral ‘into a sulfid, then treating

the mass with hydrocarbon and finally

1800 = separating said hydrocarbon with the en-

trapped metallic constituents of the ore

from the tailings.

nen-salfid mineral

June 30/05, 4. The method of treating an ore containing ,

[the mineral in the form of an oxid, carbonate or

chlorid]* by subjecting the same to the action of

a soluble sulfid then treating the resulting metallic

sulfid with a melted hydrocarbon which is volid at

normal temperatures and finally separating said

hydrocarbon with the entrapped metallic constitu.

ents from the tailings.

non-sulfld mineral

June 30/05. 5. The method of treating an ore containing ,

[the mineral in the form of an oxid, carbonate or

chlorid |* by subjecting the same to the action of

a soluble sulfid then treating the resulting metallic

sulfid with a compound of melted paraffin and

resin, then separating said compound with en-

trapped metallic constituents from the tailings.

In testimony whereof | have hereunto signed my name in the

preenee of two subscribing witnesses:

ALFRED SCHWARZ.

Witnesses:

KE. F. PORTER,

ALEXANDER RODMAN.

Sratre or New York,

County of New York, sa:

[On left margin: | See Oath filed June 30/05,

Alfred Schwarz, the above-named petitioner, being duly sworn de-

poses and says that he is a subject of the Emperor of Germany and

a resident of the Borough of Manhattan, City, County and State of

New York; that he verily believes himself to be the original, first

and sole inventor of the improvements in the Process of Con-

ISP] centrating Ores described and claimed in the annexed specifi-

cation; that he does not know and does not believe that the

same was ever known or used before his invention or discovery

[* Words and figures enclosed in brackets erased in copy.)

BUTTE & SUPR, MNG, CO. VS, MIN. SEP., LTD., ET AL. 1111

thereof, or patented or described in any printed publication in

any country before his invention or discovery thereof, or

more than two years prior to this application, or in public use

or on sule in the United States for more than two years prior to

this application; that said invention has not been patented to him

or to others with his knowledge or consent in this or any foreign

country for more than two years prior to this application; or on an

application for a patent filed in any country foreign to the United

States by him or his legal representatives or assigns more than twelve

months prior to this publication, and that no application for a patent

on said improvements has been filed by him or his legal representa-

tives or aswigns in any country foreign to the United States,

ALFRED SCHWARZ.

Sworn to and subseribed before me this 31st day of January, 1905,

[ sBAL.. | KE. F. PORTER,

Notary Public, No, 58, Kings Co.

Certificate filed in N.Y. Co,

182 2-260.

Div, 25, Room 315,

Paper No, 1,

Address only “The Commissioner of Patents, Washington, D, C.”

All communications respecting this application should give the

serial number, date of filing, and title of invention.

Department of the Interior,

United States Patent Office,

Washington, D. C., June 20, 1905,

Mailed “ “ “

Alfred Schwarz, care Chas. 8. Jones, New York City:

Please find below @ communication from the Examiner in charge

of your application, #256487, filed April 19, 1905, for Process of

Concentrating Ores.

F. J. ALLEN,

Commissioner of Patents.

The 2nd, 3rd, 4th and 5th claims are alternative in form in re-

citing “an oxid, carbonate or chlorid.” It is suggested that a single

non-alternative generic expression be employed in lieu of the al-

ternative one quoted; thus the material might be defined as “ore

containing non-sulfid mineral.” With the change suggested, the

claims would probably be allowable.

1112 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

1893 In view of the delay between the execution of the oath and

the filing of the application, a new oath is required ex parte

Branna, 97 O. G., 2533.

LEWIS B. WYNNE,

Examiner, Division XXV’.

T. F. MITCHELL.

Mail Room, Patent Office.

Jun- 30, 1905, Jun- 30, 1905,

U. S. Patent Office. Division XXV.

Room 315,

Serial No. 256,487, Paper No. 2.

Application of Alfred Schwarz. Serial No. 256,487. Filed April

19, 1905. Process of Concentrating Ores.

Hon. Commissioner of Patents, Washington, D. C.

Sir: Replying to che Examiner’s letter of June 20th, 1905, please

amend the above entitled application as follows :—

Claim 2, line 2, cancel “the mineral in the form of an oxid, car-

bonate or chlorid” and substitute therefor “non-sulfid mineral.”

Claim 3, lines 1 & 2 2, cancel “the mineral in the form of an.

oxid, carbonate or chlorid’ and substitute therefore ‘“non-sulfid

mineral.”

1894 Claim 4, line 2, cancel “the mineral in the form of an

oxid, carbonate or chlorid’” and substitute therefor ‘“non-

sulfid mineral.”

Claim 5, line 2, cancel “the mineral in the form of an oxid, ear-

bonate or chloride” and substitute therefor “non-sulfid mineral.”

The claims have been amended in accordance with the Examiner's

suggestion.

A new oath is enclosed herewith.

An early allowance of the case is requested.

Respectfully submitted,

CHARLES S. JONES,

Attorney for Applicant.

Dated New York City, N. Y., June 22, 1905.

In the Matter of the Application of Alfred Schwarz. Serial No.

256,487. Filed April 19, 1905. Process of Concentrating

Ores,

State or New York,

County of New York, ss:

Alfred Schwarz, the petitioner named in the above entitled ap-

plication, being duly sworn deposes and says that he is a subject

of the Emperor of Germany and a resident of the Borough of Man-

/

BUTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1113

hattan, City, County and State of New York; that he verily believes

himself to be the original, first and sole inventor of the improve-

ments in the Process of Concentrating Ores described and claimed

in the specification annexed to said petition; that he does not know

and does not believe that the same was ever known or used

1895 before his invention or discovery thereof, or patented or de-

scribed in any printed publication in any country before his

invention or discovery thereof, or more than two years prior to the

filing of said application, or in public use or on sale in the United

States for more than two years prior to the filing of said application ;

that said invention has not been patented to him or to others with

his knowledge or consent in this or any foreign country for more

than two years prior to the filing of said application, or on an ap-

plication for a patent filed in any country foreign to the United

States by him or his legal representatives or assigns more than twelve

months prior to the filing of said application and that no application

for a patent on said improvement has been filed by him or his legal

representatives or assigns in any country foreign to the United States.

ALFRED SCHWARZ.

Subscribed and sworn to before me this 28th day of June 1905.

[SEAL. | OLIN A. FOSTER,

Notary Public, Queens County.

Certificate filed in New York County.

1896 "2-181.

Serial No. 256,487.

Issue Division.

All communications should be addressed to “The Commissioner

of Patents, Washington, D.C.”

Department of the Interior,

United States Patent Office,

Washington, D. C., July 138, 1905.

Alfred Schwarz, Assor., ¢/o Chas. S. Jones, 141 Broadway, New

York, N. Y.

Sir: Your application for a patent for an Improvement in Process

of Concentrating Ores filed Apl. 19, 1905, has been examined and

allowed.

The final fee, twenty dollars, must be paid, and the Letters Patent

bear date as of a day not later than six-months from the time of

this present notice of allowance.

LOIN LL ILLS AO ILEE NEO NTET I, BLY IB 5 NEED IEG LE IE

1114 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

If the final fee is not paid within that period the patent will be

withheld, and your only relief will be by a renewal of the application,

with additional fees, under the provisions of Section 4897, Revised

Statutes. The oflice aims to deliver patents upon the day of their

date, and on which their term begins to run; but to do this properly

applicants will be expected io pay their final fees at least

1897 twenty days prior te the conclusion of the six months allowed

them by law. The printing, photolithographing, and en-

grossing of the several patent parts, preparatory to final signing and

sealing, will consume the intervening time, and such work will not

be done until after payment of the necessary fees, ;

When vou send the final fee you will also send, distinetiv and

plainly written, the name of the inventor and title of invention

as above given, date of allowance (which is the date of this eircular),

date of filing, and, if assigned, the names of the assignees.

If you desire to have the patent issue to assignees, an assignment

containing a request to that effect, together with the fee for recording

the same, must be filed in this office on or before the date of pay-

meat of final fee.

After issue of the patent uncertified copies of the drawings and

specifications may be purchased at the price of five cents each. The,

money should accompany the order. Postage stamps will not be

received,

Respectfully,

F. J. ALLEN,

Commissioner of Patents.

After allowance, and prior to payment of the final fee, applicants

should carefully scrutinize the description to see that their statements

and language are correct, as mistakes not incurred through the fault

of the office, and not affording legal grounds for reissues, will not

he corrected after the delivery of the letters patent to the patentee

or his agent.

1898 In remitting the final fee give the serial number at the

head of this notice.

If payment is made by check or draft, the credit allowed is subject

to the collection of the same.

2-103.

$20 received as the final fee in the application of A. Schwarz

256,487 for Process of Concentrating Ores applies from a composite

letter No. 219,761 received Nov. 25, 1905, from Jones C. S. which is

on file in the Chief Clerk’s room. B./M. R.

J. W. BABSON,

Chief of Issue and Gazette Division.

J.J. D.

YRS rena LAAT NY TEMPE RES ag

BUTTE & SUPR. MNG. CO. V8. MIN. SEP., LTD., ET AL. 1115

1899 2-191.

Serial No. 256,487.

S. M.

Issue Division.

Address only “The Commissioner of Patents, Washington, D. C.”

Department of the Interior,

United States Patent Office,

Washington, D. C., Nov. 25, 1905,

Alfred Schwarz, Assor., ¢/o Chas. S. Jones, 141 Broadway, New

York, N. Y.

Sir: You are informed that the final fee of twenty dollars has

been received in your application for Improvement in Process of

Concentrating Ores.

Very respectfully, F. I, ALLEN,

Commissioner of Patents.

{[ Here follows printed copy of Patent 807,501. ]

1116 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

1900 1905.

83. Mills.

Ore and Coal Washers.

Contents.

Print, —,

Application, — papers.

1. Letter, June 20, 1905.

2. Amendment, June 30, 1905.

4,

6.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

zi.

22.

23.

Title: Improvement in Process of Concentrating Ores.

1901 Derenpant’s Exninir.

Certified Copy of File-wrapper and Contents of Schwarz Patent No.

807,503.

United States of America,

Department of the Interior,

United States Patent Office.

To all to whom these presents shall come, Greeting:

This is to certify that the annexed is a true copy from the Records

of this Office of the File Wrapper and Contents, in the matter of the

Letters Patent of Alfred Schwarz, Assignor to The Schwarz Ore Treat-

ing Company, Number 807,508, Granted December 19, 1905, for Im-

provement in Processes of Concentrating Ores.

A RMN NN IE ILI LER NEL EIT SSE POD IE NNT TOILET

BUTTE & SUPR, MNG. CO. VS. MIN. SEP., LTD., ET AL. 1117

In testimony whereof I have hereunto set my hand and caused the

seal of the Patent Office to be affixed at the City of Washington, this

20th day of May, in the year of our Lord one thousand nine hundred

and twelve and of the Indewendence of the United States of America

the one hundred and thirty-sixth,

[SEAL. | F. A. TENNANT,

Acting Commissioner of Patents.

1902 2-437.

Number (Series of 1900)

210,138.

1904,

Divn. XXV.

Div. 25.

(Exr.’s Book.) 86-145.

Patent No, 807,508.

Name: Alfred Schwarz, Assor, to The Schwarz Ore Treating Com-

pany, of Phoenix, Ter, of Arizona, a corp. of Ter, of Arizona.

Of New York (Manhattan).

County of ——

State of New York.

Invention Process of Concentrating Ores.

Original, Renewed.

: ( Petition, May 27, 1904, —— —, 190-.

g Affidavit, « «1904, —— —, 190.-.

Gero Specification, “ «1904, —— —, 190-.

ed Drawing, May 10, 1905, —— —, 190-.

= 4 Model or Specimen,

ac not reqd., —, 190-,- —— —, 190-.

.* First Fee, Cash $15, May 27, 1904, —— —, 190..

rv Rec es —— —, 190-, —— —,, 190.-.

Appl. filed complete May 27, 1904, —— —, 190..

Examined, Lewis B. Wynne, Ex.,

June 29th, 1905, —— —, 190-.

Countersigned, J. W. Babson, —, 190.-.

For Commissioner. » For Commissioner.

Notice of allowance, July 6, 1905, —, 190-.

Final Fee, Cash $20, Nov. 25, 1905, —, 190-.

3. = Cm. —, 190-, —— —, 1905.

Patented December 19, 1905.

[On left margin:] Division of App. No. —, filed —— —, 190-.

—— Attorney, Chas. 8S. Jones,

141 Broadway, New York, N. Y.

Name, ——. Serial Number,

3. Pat. No. —. Date of Patent, ——.

1903 Associate Attorney,

PAL NN LEELA PLONE ELLIOTT ALLY PIE IIE LG SEE AME EEN Mt 8 LL ORS R

1118 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

2-057.

$15.00 received as the application fee in the application of A.

Schwarz for Process of Concentrating Ores applied from a composite

letter No. 101,469 received May 27/04 from Chas. 8. Jones which: is

on file in the Chief Clerk’s room. App/D.

8S. M. POL,

Application Clerk.

S. H. 8.

Maii Room,

May 27, 1904,

U. S. Patent Office.

Serial No, 210,138, Paper No. 4.

Applicatien.

Petition.

To fhe Commissioner of Patents:

Your petitioner, Alfred Schwarz, a subject of the Emperor of

Germany and a resident of the Borough of Manhattan, City, County

and State of New York, and whose Postoffice address is No. 44 Broad

Strect, in the said City and State of New York, prays that Letters

Patent may be granted to him for the new and useful improvements

in the Process of Concentrating Ores set forth in the annexed

1904 specification ; and he hereby appoints Charles S. Jones of 141

Broadway in the said City, County and State of New York, his

attorney, with full power of substitution and revocation, to prosecute

this application, to make alterations and amendments therein, to

sign the drawings, to receive the patent and to transact all business in

the Patent Office connected therewith.

Signed at New York City, this 16” day of Mav, 1904.

ALFRED SCHWARZ.

To all whom it may concern, be it known that I, Alfred Schwarz,

a subject of the Emperor, of Germany and a resident of the Borough

of Manhattan, City, County and State of New York, have invented

certain new and useful improvements in the Process of Concentrating

Ores of which the following is a specification.

My invention has for its object the concentration of ores by the

a hydrocarbon compound

May 10/05. selective action of , [an oil liquid.]* Heretofore

the separation of the values in ores has been effected

by mixing the pulverized ore with a product resulting from the dis-

tillation of petroleum, the ore having been previously mixed with

{*Words and figures enclosed in brackets erased in copy.]

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1119

sufficient water to form a freely flowing pulp. The oil in such

method exercises the property of attaching itself to and buoying up

the metallic constituents of the ore that are suspended in the pulp,

but it has little or no effect upon the earthy constituents.

I have found that the eflicienecy of the selective action of oils

cenerally, either mineral, vegetable or animal, is increased

1905 by the addition thereto of a fatty matter which is solid at

normal temperatures as paraflin, stearin or palmitin,

In carrying out my invention I proceed as follows: the ore is first

crushel and sereened to a convenient size for working and is then

thoroughly and intimately mixed with the selective material which

in this instance is a compound of a mineral, vegetable or animal oil

such mixture being solid at normal temperatures

May 10/05. and a fatty matter of the character above specified , .

Such material may be readily prepared by dissolving

the fatty matter in the oil medium, heat being employed to melt the

fatty matter, if necessary, and to maintain the compound in a liquid

condition during its incorporation with the pulverized ore. As a

s' ecifie example of a selective material T prefer crude petroleum, or

any of its products to which is added about 9 to 10% by weight of

paraffin, such proportion having Leen found to give good results with

a copper sulphide ore.

Any suitable apparatus may be employed to effect the mixture of

the ore and selective material, all that is essential being a vessel pro-

vided with aeitating blades. In such vessel the ore is mixed with

sufficient of the selective material into intimate contact will all por-

tions of the ore. The Vessel may be steam jacketed, or otherwise

suitably heated, if found necessary to maintain the selective material,

to make a thick pasty mass, the agitation being continued long

enough to bring the selective material, in a liquid condition. After

a complete incorporation of the selective material with the ore, water,

preferably under pressure, is injected into the mass by suitably ar-

ranged pipes, and agitation continued until the water is distributed

throughout the mass. The mass is then allowed to subside

1906 when the selective material with the entrapped metallic con-

stituents of the ore will rise to the top and may be removed

in any suitable manner as by floating over the top of the vessel.

The values may be separated from the selective material in any suit-

able or well known manner as, for example, by a centrifugal drum

or filter press. The tailings being unaffected by the selective ma-

terial, will remain in the water and settle to the bottom of the vessel

from which they may be drawn off, and if necessary, subjected to

further treatment for the recovery of any values they may contain.

In the concentration of ores by the selective action of the com-

pound above described the action is facilitated and

a gaseous fluid such as

May 10/05. better results secured by the injection of , air, steam

or gas, as carbon dioxide gas, into the mass. This

may be done by suitably arranged pipes leading into the bottom or

sides of the vessel, the effect of such use of air, steam or gas being

to break up and subdivide the mass in a complete and thorough

“ eget Patan LOW REISS AGES

‘ , - —_ Ag cts. EER ARENT FELD RMA RENN ORE" HY LLM SNE OD

LEER EAPS STAI LES ONE DTI TOOT TS oat allen

1120 BUTTE & SUPR, MNG, CO, V8, MIN, SEP., LTD., ET AL.

manner. Furthermore it results in the selective material taking up

an appreciable quantity of air or gas, giving a certain amount of

sponginess which increases its floating power. After the admision

of water, which may be done by suitably arranged pipes, the admis-

sion of air, steam or gas may be continued to assist in distributing

the water throughout the mass and to effect thorough separation and

washing out of the tailings.

In referring to paratlin as a fatty matter it is to be understood

that I do so in a popular and not a chemical sense, It is

1907 also to be understood that the proportions of the ingredients

of the selective material may be varied to suit the particular

ore treated.

Insert B, May 10/05.

What I claim and desire to secure by Letters Patent is:—

Canceled July 22/04,

1. A selective material for use in the concentration of ores consist-

ing of a mixture of an animal, vegetable or mineral oil, and a fatty

matter which is solid at normal temperatures.

2. A selective material for use in the concentration of ores con-

sisting of a mixture of petroleum or any of its products and paraffin

{Matter enclosed between rules erased in copy.)

Sub. B', May 10/05,

3. A selective material for use in the concentration of ores con-

sisting of a mixture of petroleum or any of its products and 109% by

weight of paraffin.

1. 4. The method of concentrating ores which consists in mixing

with the pulverized ore a selective material consisting of an animal,

vegetable or mineral oil and a fatty matter which is solid at normal

temperatures, then’ separating said material with the entrapped

values from the tailings, and then separating the values from the

selective material.

2. [5.]* The method of concentrating ores which consists in mix-

ing with the pulverized ore a selective material consisting of an

animal, vegetable or mineral oil and a fatty matter which is solid at

normal temperatures, then introducing water into the mass to effect

a separation of said material with the entrapped values from the

tailings, wy then separating the values from the selective ma-

terial.

1908 3. [6.]* The method of concentrating ores which consists

in mixing with the pulverized ore a selective material con-

sisting of an animal, vegetable or mineral oil and a fatty matter

which is solid at normal temperatures, subjecting the mass to the

action of air, steam or gas, then separating said material with the

(*Words and figures enclosed in brackets erased in copy.]

BUTTE & SUPR, MNG. CO, V8. MIN. SEP., LTD., ET AL. 1121

entrapped values from the tailings, and then separating the values

from the selective material.

4. |7.|* The method of concentrating ores which consists in mix-

ing with the agp ore a selective material consisting of an

animal, vegetable or mineral oil and paraflin, then separating said

material with the entrapped values from the tailings, and then sepa-

rating the values from the selective material.

5, [8.]* The method of concentrating ores which consists in mix-

ing with the pulverized ore a selective material consisting of an

animal, vegetable or mineral oil and paraflin, then introducing water

into the mass to effect a separation of said material with the en-

trapped values from the tailings, and then separating the values from

the selective material.

{Matter enclosed between rules erased in copy.)

Insert A, July 2/04.

In testimony whereof I have hereunto signed my name in the

presence of two subscribing witnesses:

ALFRED SCHWARZ.

Witnesses:

EK. F. PORTER.

CHARLES 8. JONES.

10%) Stare or New York,

County of New York, ss:

Alfred Schwarz, the above named petitioner, being duly sworn de-

poses and says that he is a subject of the Emperor of Germany and a

resident of the Borough of Manhattan, City, County and State of

New York ; that he verily believes himself to be the original, first and

sole inventor of the improvement in the Process of Concentrating

Ores described and claimed in the annexed specification ; that he does

not know and doe not believe that the same was ever known or used

before his invention or discovery thereof, or patented or described in

any printed publication in any country before his invention or dis-

covery thereof, or more than two years prior to this application, that

sail invention has not been patented to him or to others with his

knowledge or consent in this or any foreign country for more than

two years prior to this application; or on an application for a patent

filed in any country foreign to the United States by him or his legal

representatives or assigns more than twelve months prior to this ap-

neon and that no application for patent on said improvement

as been filed by him or his legal representatives or assigns in any

country foreign to the United States.

ALFRED SCHWARZ.

{*Words and figures enclosed in brackets erased in copy.]

71—Ree.

1122 BUTTE & SUPR, MNG. CO, VS. MIN, SEP., LTD., ET AL.

Sworn to and subscribed before me this 16th day of May, 1904.

[SBAL. } E. F. PORTER,

Notary Public, No. 58, Kings Co.

Certificate filed in N. Y. Co.

1910 2-260.

M. ELC.

Div. 25, Room 315.

Address only “The Commissioner of Patents, Washington, D, C.”

Paper No, 1.

All communications respecting this application should give the

serial number, date of filing, and title of invention.

Department of the Interior,

United States Patent Office.

Washington, D. C., June 27, 1904,

——- * *

Alfred Sehwarz, care Chas. 8. Jones, New York City:

Please find below a communication from the Examiner in charge

of your application, #210,138, filed May 27, 1904, for Process of

Concentrating Ores.

F. I. ALLEN,

Commissioner of Po‘ents.

Applicant is required to supply a drawing illustrating a. .eans for

carrying out his process.

Division is required, in advance of action upon the merits of the

claims, between the process and the product claims. To justify

joinder of both product and process claims in one application, the

process claimed must be one for the preparation or production of

the product claimed. The process in this case is for a use of

1911 the product claimed, and not for the production of the pro-

duct.

LEWIS B. WYNNE,

Examiner, Division XXV.

T. F. MITCHELL.

RRO eR

BUTTE & SUPR, MNG. CO, VS. MIN, SEP., LTD., ET AL, 1123

Serial No, 210,138, Paper No. 2.

Mail Room, Patent Office,

Jul- 2, 1904, ° Jul- 5, 1904,

U.S. Patent Office. Division XXV.

Room 315,

Application of Alfred Schwarz, Serial No, 210,138, Filed May 27,

1904, for Process of Concentrating Ores.

Hon. Commissioner of Patents, Washington, D. C.

Sir: Replying to the Examiner's letter of June 27, 1904, please

amend the above case as follows:

Add the following claims:

Canceled May 10/05.

A. 6. |9.]* The method of concentrating ores which consists

in mixing with the pulverized ore a selective material consist-

ing of petroleum or a product thereof and paraffin, then sepa-

rating said material with the entrapped values from the tail-

ings, and then separating the values from the selective ma-

terial.

1912 7. [10.]* The method of concestrating ores which

consists in mixing with the pulverized ore a selective

material consisting of petroleum or a product thereof and

about 10 pereent by weight of paraffin, then separating said

material with the entrapped values from the tailings, and then

separating the values from the selective material.

{Matter enclosed between rules erased in copy.]

Remarks.

Claims 1, 2 and 3 of the present application are for a material for

use in the concentration of ores and for that purpose only. Rule 41

clearly recognizes the right of applicant to claim in one application

distinct inventions which are dependent upon each other and mu-

tually contribute to produce a single result. That is the precise situ-

ation with the present claims. None of the specific clauses of Rule 41

prohibit the joinder in one application of claims for a method and

claims for a material used in carrying out that method, nor is appli-

vant aware of any ruling of the Commissioner which prohibits such

joinder. A patent issued with the present claims would certainly not

be invalid on the ground that the inventions are independent within

the meaning of Rules 41 and 42.

(*Words and figures enclosed in brackets erased in copy.]

PARA RTS GAME IT Af ORO

1124 BUTTE & SUPR. MNG. CO, VS. MIN, SEP., LTD., ET AL.

If the Examiner insists upon his requirement for division, he is

requested in accordance with the usual practice of the Office, to give

applicant the benefit of a cursory examination in order to enable him

to properly divide.

The drawing requested by the Examiner will be furnished in due

time.

1913 A reconsideration and allowance of the case is requested.

Respectfully submitted,

CHARLES 8. JONES,

Atty. for Applicant.

Dated New York City, N. Y., July 1, 1904.

2-260.

M. E. C.

Div. 25, Room 315.

Address only “The Commissioner of Patents, Washington, D. C.”

Paper No. 3.

All communications respecting this application should give the

serial number, date of filing, and title of invention.

Department of the Interior,

United States Patent Office.

Washington, D. C., July 12, 1904,

Mailed “ ig

Alfred Schwarz, care Chas. 8. Jones, New York, N. Y.:

Please find below a communication from the Examiner in charge

of your application, #210,138, filed May 27, 1904, for Process of -

Concentrating Ores.

F. I. ALLEN,

Commissioner of Patents.

Case as brought up by amendment and argument filed July 2,

1904, considered.

1914 The requirement for division is repeated and made final.

See ex parte Tschirner, C. D., 1901, 141.

References were not cited in the first office letter part!y because the

independence of the inventions appeared so clear, (ex parte Reid,

C. D., 1901, 123,) and partly because applicant’s attorney already

possessed the data available to the examiner, as exhibited at personal

interview between attorney and examiner just prior to the filing of

this application. However, the following are cited: 348,157, Ever-

son, Aug. 24, 1886, Metallurgy, Reducing, Refining, Separating,

471,174, Hebron & Everson, March 22, 1892; 575,669, Robson, Jan.

19, 1897; and 676,679, Elmore, June 18, 1901, Washers, H.

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1125

Applicant’s response should either cancel the claims to one in-

vention or take the question of division before the Hon. Examiners-

in-Chief on appeal.

LEWIS B. WYNNE,

Examiner, Division XXV’.

T. F. MITCHELL.

1915 Serial No. 210,138, Paper No. 4.

Mail Room, Patent Office,

Jul- 22, 1904, Jul- 23, 1904,

U.S. Patent Office. Division XXV.

Room 315.

Application of Alfred Schwarz. Serial Number 210,138. Filed

May 27, 1904. Process of Concentrating Ores.

Hon. Commissioner of Patents.

Sir: Replying to the Examiner’s letter of July 12, 1904, please

amend the above application as follows:

Cancel claims 1, 2 and 3 and change the ordinals of the remaining

claims accordingly.

Remarks.

The above amendment restricts the present application to the

method of concentrating ores, Claims 1, 2 and 3 have been canceled

without waiver of the right to present them in a separate application.

An early action on the merits is requested.

Dated New York, July 21, 1904.

Respectfully submitted,

CHARLES S. JONES,

Atty. for Applicant.

1916 2-260.

M. E. C.

Div. 25, Room 315.

Address only “The Commissioner of Patents, Washington, D. C.”

Paper No. 5,

All communications respecting this application should give the

serial number, date of filing and title of invention.

1126 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

Department of the Interior,

United States Patent Office,

Washington, D. C., Aug. 16, 1904,

Mailed a ‘

Alfred Schwarz, care Chas, 8. Jones, New York City :

Please find below a communication from the Examiner in charge

| of your application, #210,138, tiled May 27, 1904, for Process of

Concentrating Ores,

| F. I, ALLEN,

Commissioner of Patents.

| Case as amended July 22, 1904, further considered,

Claim 1 is objectionably alternative by reason of ‘‘animal, vege-

table or mineral oil,” line 3. The claim is rejected as failing to

express anything patentable over 348,157, Everson, of record. See

page 2. lines 71-74. The mixture of petroleum with tallow

1917 and the procedure indicated for the separation completely

anticipate this claim.

Claim 2 is alternative in the same manner as claim 1 and is re-

jected upon the same reference.

Claim 38 is alternative in the same manner as claim 1 and also

by reason of “air, Steam or gas,” line 5, Said claim is rejected in

view of Everson, of record, and 745,960, Good, Dec. 1, 1903, Wash-

ers, H,—see 32a thereof-—or British patent 12,778, Lake, June 4,

1902, Washers.

Claims 4 and 5 are objectionably alternative in the same manner

as claim 1, and are rejected upon the same reference.

Claims 6 and 7 are alternative as to “petroleum or a product

thereof.” They do not express anything patentable over Everson or

Elmore of record, for the reason that Elmore’s product (“residuum”)

is a mixture of petron am or a product thereof and paraftin.

LEWIS B. WYNNE,

Examiner, Div, NXV.

T. F. MITCHELL.

1918 Serial No. 210,138, Paper No. 6.

Patent Office,

May 10, 1905,

Division XXV.

Room 315.

Application of Alfred Schwarz. Serial No. 210,138. Filed May 27,

1904. Process of Concentrating Ores.

Hon. Commissioner of Patents, Washington, D. C.,

Sir: Replying to the Examiner's letter of August 16, 1904, please

add the accompanying sheet of drawings.

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. Ry a

Page 1 of the specifications, line 2, cancel “an oily liquid” and

substitute therefor ‘‘a hydrocarbon compound.”

Same page, line 22, after “specified” insert

oe

such mixture being

solid at normal temperatures.”

Page 2, line 2 from the bottom, before “air” insert “a gaseous fluid

such as.”

At the end of the specification, page 3, add the following :—

B.

.

“The accompanying drawing shows in perspective one

arrangement of apparatus by which the process may be car-

ried out. 1 designates a bin or hopper from which the pul-

verized ore is discharged into a vessel 2 which is preferably

steam jacketed and provided with an agitator 3. In

1919 this vessel the ore and selective agent are intimately

mixed, and from said vessel the mass is discharged into

a vessel 4 provided with an agitator in which it is treated with

water slightly acidulated if desired to effect the separation of

the selective agent with the entrapped metallic constituents

from the tailings. If cold water is employed the selective

agent will be solidified and rising to the top is conducted by

a trough 5 to remelting and storage vessel 6. If heated or

boiling water is employed in the vessel 4 the selective agent

will be maintained in its liquid condition, and as it rises

with the entrapped metallic constituents is run by the trough

5 into the storage vessel 6, and from the latter to a centrifugal

drum 7 for the separation of the values from said agent. The

recovered agent is collected in a storage vessel 8 from which

it may be raised to the mixing vessel 2 by a pump 9. The

separating vessel 4 is provided with suitable pipes 10 for the

admission of air, steam or gas and with a pipe 11 by which

the tailings may be discharged into a vessel 12. After re-

moval of the values from the separator 7 they may be sub-

jected to any suitable treatment.

Cancel the present claims and substitute therefor the following :—

B'.

mere

on

RAEN pede OVA LED ASPIRE BILE EIS RET

“1. The process of concentrating ores consisting in mixing

with the pulverized ore a selective agent consisting of a mix-

ture of a liquid hydrocarbon and a normally solid fatty

matter which mixture is solid at normal tempera-

1920 tures, separating said agent with its entrapped values

from the tailings, and finally recovering the values

from the selective agent.

2. The process of concentrating ores consisting in mixing

with the pulverized ore a selective agent consisting of a mix-

ture of liquid hydrocarbon and a normally solid fatty matter

which mixture is solid at normal temperatures, treating the

mass with water to separate said agent with its entrapped

values from the tailings, and finally recovering the values

from the selective agent.

3. The process of concentrating ores consisting in mixing

with the pulverized ore a selective agent consisting of a mix-

ph

1128 BUTTE & SUPR. MNG, CO. V8. MIN. SEP., LTD., ET AL.

ture of liquid hydrocarbon and a normally solid fatty matter

which mixture is solid at normal temperatures, treating the

mass with cold water to separate said agent with its entrapped

values from the tailings, and finally recovering the values

from the selective agent.

4. The method of concentrating ores consisting in mixing

with the pulverized ore a selective agent consisting of a mix-

ture of a liquid hydrocarbon and a normally solid fatty mat-

ter which mixture is solid at normal temperatures and sub-

jecting the mass to the action of a gaseous fluid, separating

the selective agent with its entrapped values from the tailings,

and finally recovering the values from the selective agent.

5. The process of concentrating ores consisting in mixing

with the pulverized ore a selective agent consisting of a mix-

ture of a liquid hydrocarbon and paratlin which mix-

1921 ture is solid at normal temperatures, separating said

agent with its entrapped values from the tailings, and

finally recovering the values from the selective agent.

6. The process of concentrating ores consisting in mixing

with the pulverized ore a selective agent consisting of a mix-

ture of a liquid hydrocarbon and paraffin which mixture is

solid at normal temperatures, treating the mass with water to

separate said agent with its entrapped values from the tailings,

and finally recovering the values from the selective agent.”

Remarks.

The above amendments have been made in accordance with the

Examiner's letter of August 16th, 1904, and in view of a recent per-

sonal interview. The claims as now drawn, it is thought, avoid the

references of record av they are modeled after patent 771,277 issued

to the Schwarz Ore Treating Company, the owner of the present ap-

plication.

Patent to Everson 348,157 is for the use of emulsions of fats and

oils thickened or acidulated by chemical reagents, the silica being

removed by a subsequent washing operation. The present claims

are restricted to the use of an agent consisting of a mixture of a liquid

hydrocarbon and a normally solid fatty matter which mixture is

rolid at normal temperatures.

Patent to Good 745,960 mentions in one place the use of oil.

1922 No where, however, does Good state why the oil is added or

what function it performs.

None of the Elmore patents disclose the present specific selective

agent.

A reconsideration and allowance of the case is requested,

Respectfully submitted,

CHARLES 8. JONES,

Atty. for Applicant.

Dated New York City, N. Y., April 28, 1905.

BUTTE & SUPR. MNO, CO. VS. MIN. SEP., LTD., ET AL 1129

2-181.

A. 8S. W.

Serial No. 210,138.

Issue Division.

All communications should be addressed to “The Commissioner of

Patents, Washington, D.C.”

Department of the Interior,

U.S. Patent Office,

Washington, D. C., July 6, 1905,

Alfred Schwarz, assor., ¢/o Chas S. Jones, 141 Broadway, New

York, N.Y,

Sir: Your Application for a patent for an Improvement in Pro-

cos of Concentrating Ores filed May 27, 1904, has been examined

and allowed,

1923 The final fee, Twenty Dollars, must be paid, and the Letters

Patent bear date as of a day not later than six months from

the time of this present notice of allowance.

If the final fee is not paid within that period the patent will be

withheld, and your only relief will be by a renewal of the applica-

tion, with additional fees, under the provisions of Section 4897, Re-

vised Statutes. The Office aims to deliver patents upon the day of

their date, and on whieh their term begins to run; but to do this

properly applicants will be expected to pay their final fees at least

twenty days prior to the conclusion of the six months allowed them

by law. The printing, photolithographing, and engrossing of the

reveral patent parts, preparatory to final signing and sealing, will

consume the intervening time, and such work will not be done until

after payment of the necessary fees,

When you send the final fee you will also send, distinetly and

plainly written, the name of the inventor and title of invention as

above given, date of allowance (which is the date of this circular),

date of filing, and, if assigned, the names of the assignees.

If you desire to have the patent issue to assignees, an assignment

containing a request to that effect, together with the fee — recording

the same, must be filed in this Office on or before the date of payment

of final fee.

After issue of the patent uncertified copies of the drawings

1924 and specifications may be purchased at the price of 5 cents

each. The money should accompany the order. Postage

stamps will not be received.

Respectfully, F. I, ALLEN,

Commissioner of Patents.

PENS IES LOLS Ns LONG LDS LED SLR I PETE ASE IE EI yeasaneg spiny fe DAT AWE Ae agp Ose

1130 BUTTE & SUPR. MNG, CO, VS. MIN, SEP., LTD., ET AL.

After allowance, and prior to payment of the final fee, applicants

should carefully scrutinize the description to see that their state-

ments and language are correet, as mistakes not incurred through

the fault of the office, and not affording legal grounds for reissues,

will not be corrected after the delivery of the letters patent to the

patentee or his agent.

In remitting the final fee give the serial number at the head of

this notice.

If payment is made by cheek or draft, the credit allowed is sub-

ject to the collection of the same.

1925 2-103.

$20 reeeived as the final fee in the application of A. Sehwarz

210,188 for Process of Concentrating Ores applied from a composite

letter No, 219,761 received Noy. 25, 1905, from Jones C. 8. whieh is

on file in the Chief Clerk’s room. B./M. R.

J. W. BABSON,

Chief of Issue and Gazette Division,

J. J. D.

S. M.

Issue Division.

Serial No. 210, 138.

Address only “The Commissioner of Patents, Wasinngton, D.C.”

Department of the Interior, +

United States Patent Offices,

Washington, D. C., Nov. 25, 1905.

Alfred Schwarz, Assor., ¢/o Chas. 8. Jones, 141 Broadway, New

York, N. Y.

Str: You are informed that the final fee of tweniy dollars has

been received in your application for Improvement in Process of

Concentrating Ores.

Very respectfully,

rT. ALLEN,

Commissioner of Patents,

[ Here follows printed copy of Patent 807,503. |

BUTTE & SUPR. MNG, CO. V8. MIN. SEP., LTD., ET AL. 1131

1926; 1904,

83. Mills.

Ore and Coal Washers.

Contents.

Print, —— —, ——.

Application, — papers,

. Letter, —:— June 27, 1904,

. Amendment A, July 2, 1904,

. Letter, <:— July 12, 1904,

. Amendment, July 22, 1904,

. Rej., Aug. 16, 1904,

. Amendment B, May 10, 1905,

i ae SoS

, i oe

Tithe: Improvement in Process of Concentrating Ores.

1927 DereNDANT’s Exuuprr,

Certified Copy of File-wrapper and Contents of Kirby Patent No.

809,959.

United States of America,

Department of the Interior,

United States Patent Office.

To all to whom these presents shall come, Greeting:

This is to certify that the annexed is a true copy from the Records

of this Office of the File Wrapper and Contents, in the matter of the

_ OTOP ENE RS EPO EE ONSEN OTM APS PAPI CY IY ERE LETT (TNS TE ERI AR 9 RIMINI MMT ALAS NECN folie tenn aseneamaa

1132 nUTTE & SUPR, MNG. CO, VS. MIN, SEP., LTD, ET AL,

uary 16, 1906, for Improvement in Proecsees of Separating Mineral.

Letters Patent of Edmund B. Kirby, Number 809,959, Granted Jan-

In testimony whereof I have hereunto set my hand and caused the

seal of the Patent Office to be affixed at the City of Washington, this

rd day of June, in the year of our Lord one thousand nine hundred

and twelve and of the Independence of the United States of America

the one hundred and thirty-sixth.

[seAL. | I. A. TENNANT,

Acting Commissioner of Patents,

1928 2-437.

Number (Series of 1900),

185,033.

1003,

Div. 25,

(Exr.’s Book) 38-115.

Divn, NAV.

Patent No. S09, 159.

Name: Edmund B. Kirby, of Rossland,

Province of British Columbia, Canada.

Invention: Process of Separating Minerals.

Original. Renewed,

Petition, Dec. 14, 1903, —— —, 190-.

= Affidavit, “« « 4903, —— —, 190-,

=. Specification, « «1903, —— —, 190-.

== Drawing, 3 shits, «#1903, » om, SOR

= Model or Specimen

_ = not req, ——_ «=, 1, —_—_—=—, m0 °

"= | First Fee, Cash $15, Dee, 14, 1908, —— —, 10-.,

ge | L* © Co. am xm, 1900e, -— —, 190,

{ Appl. filed complete, Dee, 14, 1903, —— —, 100-.

Examined, Lewis B. Wynne, Ex.,

June 29th, 1905, ——— —, 190-.

Countersigned, J. W. Babson, ©=—-—- —, ——, —— — 190-.

For Commissioner. For Commissioner.

Notice of Allowance, July 10, 1905, —— —, 190-.

Final Fee, Cash $20, Dee. 23, 1905, —— —, 190-.

a - tet —— =, 199-, —— —, 100-.

Patented, January 16, 1906.

Dee. 23, 1905,

Associate Attorney, ————. Attorney-, Thurston & Bates,

1028 Society for Savings Bldg., Cleveland, Ohio.

3. Name, ——- ——. Serial Number, ——.

Patent No. —. Date of Patent, ——.

[On left margin:] Division of App., No. —, filed —— —, 190-.

BUTTE & SUPR, MNG. CO. V8. MIN. SEP., LTD., ET AL. 1133

1929 $15, ck., Received Dee. 14, 1908. L. Z. A. Chief Clerk,

U. 8S. Patent Office.

Cleveland, Ohio, Dee. 12, 1903,

Commiscioner of Patents, Washington, D. C.

Dear Sir: In the matter of the application about to be tiled by

Edmund B. Kirby for Process of Separating Minerals executed Dec.

4, 1908, we hand you herewith by mail the following—

Petition and Power of Attorney,

Specification,

Oath,

3 Sheet- of Drawings.

Government Fee: $15.00, enclosed in our check.

Yours truly,

THURSTON & BATES.

Mail Room,

Dec, 14, 1903,

U.S. Patent Office.

Serial No, 185,083, Paper No. '.

Application. 1903,

To the Commissioner of Patents:

Your petitioner, Edmund B. Kirby, a citizen of the United States,

residing at Rossland, in the Province of British Columbia and

Dominion of Canada, whose Post Office address is Rossland, British

Columbia, Canada, prays that Letters Patent may be granted

1930 to him, for the improvement in process of separating minerals

set forth in the annexed specification,

And he hereby appoints the firm of Thurston & Bates, (Reg.

#1130), of Cleveland, Ohio, (said firm consisting of E. L. Thurston

and Albert TH. Bates) his attorneys, with full power of substitution

and revocation, to prosecute this application, to make alterations and

amendments therein, to sign the drawings, to receive the patent, and

to transact all Lusiness in the Patent Office connected therewith.

Signed at Northport, in the County of Stevens and State of Wash-

ington, this fourth day of Dee. 1903

EDMUND B. KIRBY.

Specification.

To all whom it may concern:

Be it known that I, Edmund B. Kirby, a citizen of the United

States, residing at Rossland, in the Province of British Columbia

and Dominion of Canada, have invented a certain new and useful

improvement in process of separating minerals, of which the follow-

1134 BUTTE 4 SUPR, MNO. CO. V8. MIN. SEP., LTD., ET AL.

ing is a full, clear and exact description, reference being had to the

accompanying drawings.

The invention relates to the concentration of ores, It may be

employed to separate the metallic minerals from the gangue or to

sey arate certain of the metallic minerals from others, or from others

ant the gangue, The operation of the proces: ix dependent upon

the fact that, because of differences in physical characteri ties

1931 of the various constituents of mineral material, such conetit-

uents show preferences of adhesion between two commingled,

Lut immiscible liquide,

The invention consists in the process hereinafter described, and in

the several step« thereof,—all of which will be definitely set forth in

the claims.

In the drawings, figure 1 ie a diagrammatic view of an apparatus

with which the proces may be practiced,—the several parts thereof

being shown in vertical section; figure 2 ix a plan view of one side

of the separating tank; figure 3 is a vertical sectional view of the

same mechaniem; figure 4 i« an elevation of a part of the agitator

mechanism of the separating tank,—some of «aid mechaniom being

in section; and figure 5 is a plan view of one of the agitator arme,

and a sectional plan view of the shaft,

The proces ix applicable to a great variety of ores, and may be

practice |, in many caees, so a to separate thore metallic minerals

which must he treated in one way from thoxe whieh must be treated

in some other way in order to recover their contained commercial

metals; and, since it is capable of Leing used for this purpose ax well

a3 to separate the metallic minerals from the gangue, it ix thought

to be a great step in advance of this art,

It is believed that the proces or some of the novel steps thereof

may be employed with sient in the tratmeat of all ores, It is

obviously imposible, however, to give definite directions for attain-

ing the best results with all ores, because of the great chemical

1932 and physical differences which they exhibit. The detailed

directions hereinafter set forth are those which are found

most efficient in the treatment of the Rossland, B. C., ores, with

which IT have done the most work, for the primary purpose of sepa-

rating the chaleopyrite (which must be smelted) from the other con-

stituents which may be subjected to other after treatment for the

recovery of their contained metals,

The process, as an entirety, in ite best form for use with Rossland

ores for the purpose stated, consists in the following steps.

First, in thoroughly agitating together (a) the pulverized ore or

mineral material, (4) enough water to make with said pulverized

ore a flowing pulp, and (¢) a solution of bitumen in a thin distillable

hydro-carbon liquid as kerosene;—these materials to be so thor-

oughly agitated together as to finely subdivide said solution into

small globules, and bring said globules into contact with substan-

tially all of the pulverized mineral particles which will, by pref-

erence, adhere to them,

Second, in allowing the hydrocarbon coated particles to float to the

surface of the mass, and in rendering this separation substantially

BUTTE 4 OUPR, MNG. CO, VS. MIN. SEP, LTD, ET AL. 1135

complete by gently agitating the mas, and by injecting gas into the

~ame, and, preferably aleo discharging into the mass fine streams of

the solution, When the «paration ix completed the floating hydro-

carbon coated concentrate ix removed for subsequent treatment.

Third in filtering said concentrate to free it so far as powible, from

the hydrocarbon liquid.

juts Fourth, in distilling «id coated concentrate, and condens-

ing the hydrocarlon vapor, to be used again.

It is thought that the use af 4 gas to asiet in the flotation of the

coated particles, ax ret forth in the deseription of the second step of

the process, is radically new in this art, irrespective of ite as ociation

with the other stepe deveribed. It is that which makes it posible

for the fire time to use thin oil and hydrocarbon, The prior proe-

ee: which use thick, viecous oile will, however, be much aided by

the addition of thie step, beeause, in «pite of all the care which is

exercived in the practice of thoee processes to keep the oil in large

clots or mawes, a great deal of it ix “floured” or broken up into

minute particle: which are trapped in the sands and lost, The em-

ployment of the gas in the manner stated brings in a more powerful

floating aceney than anything before used, which results in the

recovery of this “floured” oil together with numerous coated par-

ticles which would not otherwive be floated, This step of the process

is therefore weful with any and all liquids lighter than water which

exhilat preference of adhesion for the metalic mineral particles.

Kerowene alone for example may Le ured with most ores to take out

the sulphides, provided the gas i ase] as stated to cause the flotation

of the kerosene coated particles.

It ix the bitumen, however, diseolved in the kerosene which gives

the preci e adherive preference which enables it to separate the gold

and chaleopyrite from the crushed ore. The bitumen may be

ayphalt, or the bitumen produced by the distillation of petro-

1934 lewm to a semi-olid saldaue; or it may be tar, pitch, or an

other specific form of bitumen, In treating Rossland jon

have found that the mort satisfactory results have been attained by

using a solution obtained by dissolving in kerosene above 5 per cent.,

or thereabout.of Trinidad asphalt, orthe semi-solid residuum of petro-

leum distillation. Preferably the pulverized ore is mixed with three

to five times as much water, by weight, and to this is added a suffi-

cient amount of the kerorene-bitumen solution; excellent results

leing obtained by using one-fourth to three-fourths as much, by

weight, as ore.

The preference of the solution for some of the mineral particles

may be regulated by altering or varying the quantity of the solute

substance, and by varying the temperature at which the solution is

used. The preference of the water for other mineral particles may

be regulated by adding some acid or other chemical. A distinct ad-

vantage of using a light hydrocarbon, like kerosene, is that so much

of it as cannot be removed from the concentrate by mechanical means

may be recovered by a process of distillation,—thia method of recov-

ery being impossible when thick non-distillable oils are used.

The injection of a gas, preferably air, into the mass,—which is the

1136 BUTTE 4 SUPR. MNG. CO. VS. MIN. SEP. LTD., ET AL.

chie! novel characteristic of the second step of the process, assists in

the flotation of the hydrocarbon coated particles, This makes it

posible to finely subdivide the solution by the agitation, and

15>) othix greatly inereases the chance that all of the mineral

particles which exhibit preferential adhesion for it, shall be

brought inte contact with it, Seme of the hydrocarbon coate | par-

ticles will float to the surface without assistance; hut, a considerable

quantity of such particles will not be sufficiently buovant and some

of such particles and some globules of the mixture would be trap; ed

in the eands, In order te reeover this lew baovant material together

with the glolules of the mixture, the mae, which tends to settle, is

slowly lifted and turned over to liberate the coated particles, and the

globules, and, at the «ame time a gas, preferably air, ix blown inte

the mass, preferably near the bottom thereof, The air bubbles not

only tend te attach themeeclves direetly to the coated particles and

thus float them to the surface, but the air becomes diseolved in the

water to ite maximum capacity, This dixolved air tends to again

separate iteelf from the water, and attach itself in minute globules

to the couted particles, 1 find that air, carbon dioxide, hydrogen,

and mareh gas are satisfactory for this purpose; and doubtless many

other or all gases will operate in the same way,—but [ prefer air.

It might be here added that beeause the solution is broken up

into small globules there is littl likelihood that any of the non-

coated particles shall be entangled with the coated concentrates and

carried to the surface.

In removing this floating, hydro-carbon-coated concentrate it is

practically impossible to exclude some of the water in which

1G the mented particles are held in suspension. It is there-

fore desirable that this concentrate shall be washed free from

such non-coated minerals, This step is not, however, absolutely

essential, It is possible to remere a very large part of the hydro-

carbon by filtration beeause of its s>in character, It is not, how-

ever, possible to remove it all by this, or any other mechanical pro-

cess; but because of the character of the hydrocarbon solvent used

it is powible to recover all of it for future use by a process of dis

tillation which constitutes the fourth step of the complete process.

I will now describe the apparatus shown in the drawing for prac-

tically carrying on said process, A represents the mixing ral B

represents the separating tank; C represents the settling tank; D

represents the filter, and E another filter which may or may not be

used according to circumstances; G represents a settling box or tank

into whieh the liquid from the filter or filters is discharged; H

represents the retort furnace; 1 the dust collector used in connection

therewith; J a condenser; K the settling tank in which the con-

denser discharges the condensed vapor; and M represents a reservoir

from which the solution may be fed into the mixing tank and into

the separating tank.

In the separating tank B is a vertical shaft 6 having on its upper

end a gear 6’ by which it may be rotated. The head of the shaft

above the driving gear passes through an oil and air box 1 which re-

main- stationary while the shaft revolves, and is supplied by

BUTTE & SUPR, MNG, CO, VS. MIN, SEP., LTD, BT AL. 137

1687 the hydrocarbon pipe (2) and the air pipe (3). The box

rests on the rotating shoulder (4) of the shaft, and is held

down to a tight joint by the collar (5) and lock nut cap (6),

Through the hollow shaft (7) extends a small hydrocarbon pipe

(8), the upper end of which is firmly inserted within the upward

extension (10) of the shaft, and this central pipe conveys the hydro-

carbon. In the stationary box the air enters the annular chamber

(11), paswing through its open bottom through a set of apertures

(12) to the interior of the shaft. The hydrocarbon enters a similar

annular chamber (13), from which it passes by aperture (14) inte

the top of the central hydrocarbon pipe,

The hub and revolving arme are shown in Figs. 4 and 5. The

step hearing is supported on a pedestal (15) provided with a wooden

block (16) which supports the moving wearing plate (17) of the

shaft. Lubricating water under pressure is introduced through

the pipe (1S), finding its way out from the bearing through side

grooves, (50). The sides (19) of the shaft are carried down below

the hearing so as to leave an annular space (20) between them and

the pedestal, This annular «pace is intended to constitute an air

bell, designed to assist the lubricating water in excluding sand from

the hearing. The air supply in it ix maintained by a slight stress

of air which escapes beneath the bell through the pipe (21).

The air current for the charge pass down through the shaft,

posting (as shown by the arrows) through the side channels (22)

into the hollow arms (23), (23). From each arm it passes

18 out through drop pipes (24) (24),

The hydrocarbon liquid isdelivered through small pipes, par-

allel with said hollow arms, emerging at the outlets (25) (25). The

radially

Mar, 24.05. 4 [raidally|* seraping blades (26) (26) are se-

cured to the arms (23), and also the inclined lift-

ing plow (27) at the extremity of the said arms, this being so set as

to foree the circulation upwards at this point.

The rotary movement of the charge leads the floating scum of

hydrocarbon liquid, ad bubbles and concentrates against the

curvet

Mar, 24/05. , [spiral]* skimming bar (28) which is hung so

as to arrest and deflect this floating layer and cause

it to pass into the settling and washing chamber or box (29). The

edge of this box outside of the skimming bar is submerged sufficiently

to allow the floating material to pass over it while the remaining

part of said edge is raised above the liquid so as to detain every-

thing passing into it. Owing to the agitation within the tank

caused by the movement of the arms (23) and the rising air bub-

bles, the water even near the top is not clear, but turbid or muddy

with slimes or fine particles of the non-coated minerals, which do

not settle rapidly enough to get out of the way. The floating con-

centrates are carried mainly at the lower surface of the hydrocar-

bon layer where it is in contact with the water. The discharge gate

(* Words and figures enclosed in brackets erased in copy.)

72—Ree.

re et

™ yarn ~~.

FOOTE I PO SHR RES Tyne * thins

eRe

1138 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD.. ET AL.

(32) in order to permit these floating particles to pass out, must be

set low enough to clear them, and must therefore allow portion

of the water to pass out with the skimmings, and this muddy

1939 water would therefore carry its suspended particles of the

worthless minerals which would make the concentrates im-

jure.

The settling and washing chamber or box is designed to lessen or

prevent this evil. As the floating material passes over its sub-

merged edge (29) (30) it escapes from the swift current and rising

air bubbles, so that in its comparative quiet, the slimes have a better

opportunity to settle out of the way. The bottom of the box is

divided as convenient into compartments by submerged partitions,

as shown, each compartment terminating in a hopper shape bottom,

with discharge openings (33) through which the settled slimes may

pass out again into the tank. Projecting shields (34) prevent the

air bubbles from entering the hoppers and disturbing their quiet.

The passage of the floating material over this quiet chamber or

box settles most of the slimes before reaching the adjustable dis-

charge gate or outlet (32). Before reaching the gate, however, the

skimmings pas over stream of clean wash water, introduced at the

point (35) through the pipe shown. This washwater is delivered

under constant head from supply tank. Its quantity is made ex-

actly equal to that passing out through the discharge gate with the

skimmings; so that this discharge, being supplied entirely by the

pure water close at hand, contains little or none of the muddy water

which is thus held back in the tank. It is evident that the incom-

ing and outgoing streams are self-adjusting, because if too much

level

Mar. 24,05. 1940 enters, the general , [level]* rises and a

large stream flows from the orifice.

In the mixing tank a vertical rotating shaft a is mounted having

preferably a lower bearing similar to that which is provided for a

shaft 4 and which has been described. Arms a’ are attached to the

shaft near its lower end, and lifting plows are secured to the outer

parts of these arms, and radial plows to the other parts thereof just

as in the separator tank. This shaft @ is to be rotated rapidly, and

the result is a thorough commingling of the various parts of the

charge—which result is facilitated by the currents created in the

charge by the action of said plows,—the direction of said currents

being indicated by the arrows in figure 1.

This separate tank for performing the mixing operation is not

necessary for my process although it is preferable in some cases as

when a continuous discharge is desired. The mixing may be per-

formed just as well in the separating tank which may then be

termed the “Mixing and Separating tank.” It is merely necessary

to rotate the agitating mechanism rapidly while mixing and to rotate

it slowly while the separation is being made.

The material skimmed from the surface of the separating tank

may pass directly to the filter D or E, but it is best to discharge it

(*Words and figures enclosed in brackets erased in copy.]

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., EF AL. © 1139

into the settling tank C in order to separate the main bulk of water

and thus reduce the bulk of liquid to be put through the filtering

operation. ;

As explained, this is not essential, but is conveniently introduced

prior to the filtration, merely in order to separate the main

1941 bulk of water, and thus reduce the bulk of fluid to be put

through the filtering operation. It is thus merely a con-

venience, The settling tank C is shown as a cylindrical vessel, with

hopper shape bottom, within which is suspended a cylinder (41)

reaching half way down. The stream of skimming enters this cen-

tral evlinder, within which the water and hydrocarbon separate, the

former sinking, while the latter, with its accompanying concentrates

and air bubbles, floats in a layer, as shown. The stirring apparatus

(42) has its arms revolving gently within this layer, so as to break

up and discharge air bubbles and assist the separation. Most of the

concentrates hang near the contact between the hydrocarbon and

water, and as this contact surface becomes overloaded with con-

centrates, some of them sink to the bottom of the tank. The excess

of hydrocarbon, accompanied by some of the concentrates, flows out

through the launder (43) while the excess of water, passing be-

neath the suspended internal cylinder, passes out through the over-

flow (44), and thereby lessens the volume to be filtered. The con-

centrates which fall to the bottom of the tank, accompanied by the

hydrocarbon which adheres to them, are drawn off in a thick condi-

tion through the pipe (45), the discharge end of which is raised to

prevent the exit of more water than necessary. The two streams,

one of hydrocarbon and concentrates, the other mainly of water

and concentrates, may cither be filtered in separate apparatus or

united and put through the same apparatus, as is found most

142 convenient. Hydrocarbon liquid and . concentrates filter

more easily than when water is present, and it may therefore

be desirable to filter separately. It is for this reason that two filters

1D) and FE are shown,—the one receiving such material as flows from

the surface of the tank through launder (43), and the other that

material which is discharged through pipe (45). I do not restrict

myself to any particular form of filtering appliance.

The use of thin hydrocarbon liquid in place of the thick viseid oil

used by other inventors, makes filtration comparatively easy, and

permits the use of more simple and cheap methods than the centrif-

ugal machine or filter presses. The use of such simple apparatus

is also made possible by the fact that it is not now necessary to sepa-

rate the liquid very thoroughly, since its extraction is to be perfected

in the distillation retorts. I find that in some case it is sufficient to

use a simple open filter tank, with a porous bottom of any of the

well-known kinds, preferably light canvas resting on suitable sup-

ports. The liquid and water drain through the porous bottom, leav-

ing the concentrates in the tank, sufficiently drained to be shoveled

into the retorts. The passage of the liquid and water through the

porous bottom is aided by the well-known means of a vacuum pump

N beneath. The filter indicated by FE is a pressure filter barrel of

well known construction which need not be here explained, and may

PERI GIL A ELI REL LINE LI OILS, AA ALOT IN i, SN ANE ARRAN SESE TUA AEST LD SBE RO

1140 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

be used when forced filtration is necessary. It is shown to empha-

size the fact that the operation of the process is not restricted

1943 to any specifie kind of filter, or to any number of filters.

The mixture of hydrocarbon liquid and water, now free

from solid matter, is of course self-separating in any receptacle. A

convenient form is shown in the settling box G, into which said mix-

ture is delivered through suitable pipes from both filters. The hydro-

carton liguid remains in one compartment g, from which it over-

flows and is returned to the reservoir. The water, sinking to the

bottom, passes under the partition g’ to the other compartment and

flows to waste.

The filtered concentrates, containing some residual liquid and

moisture, are now ready for the distilling operation, for the recovery

of the five per cent or more of valuable hydrocarbon liquid remain-

ing in them. This is done in the retort furnace H. An iron retort

(46) is set in a furnace at such an angle that the concentrates will

pass down through it by gravity, but will not altogether close the

upper side of the channel, which should remain more or less open,

for the exit and passage of the steam and hydrocarbon vapors. The

retort is maintained at the distillation temperature of the hydro-

earbon used, which in the case of kerosene is about 338 degrees F.

In order to assist in carrying off the hydrocarbon vapor, a current of

superheated steam is introduced at (47), while the steam and hydro-

carbon vapors pass off through the pipe at (48) tothe condensing

apparatus. The dry concentrates on losing their liquid and moisture

slide down to the lower end of the retort, where they are

1944 drawn off through the double gates (49) (49) which are

opened alternately so as to prevent the escape of vapors. As

concentrates are drawn off below a fresh mass is introduced above,

by the alternate opening of the gates (50) (50), which likewise pre-

vent the escape of vapors. An additional seal is provided by the

hopper (51) which is kept filled with concentrates. The steam and

hydrocarbon vapors may be led through a dust collecting chamber I,

designed to settle and collect any concentrates dust carried over, and

then passes to the condenser J. This includes a metal worm or coil

(53) set in a tank through which a stream of cooling water is allowed

to flow. The condensed hydrocarbon and water, passing through a

“U" trap (54) flow into a settling box K similar to the one described

at “G.” Here the hydrocarbon liquid and water separate, and the

former is returned to the reservoir M for re-use, as is also the liquid

recovered in the settling tank G.

Having described my invention, I claim:

Canceled June 26/05.

1. The process of separating minerals, which consists in mixing

together (a) pulverized mineral material, (+) a considerable quan-

titv of water, and (¢) a substance immiscible in water but of less spe-

cifie gravity, and which, in the presence of water, will adhere to some

of the mineral particles and not to others; in removing from the sur-

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1141

face of the mass the floating immiscible substance and the mineral

particles to which it has adhered; in filtering the material so re-

concentrate residue

Mar. 24/05. moved; and in distilling the , [filtrate ]* to

1945 drive off and recover said immiscible sub-

stance, substantially as specified.

2. The process of separating minerals, which consists in mixing

together pulverized mineral material, a considerable quantity of

water, and a substance immiscible in water but of less specific gravity,

and which, in the presence of water, will adhere to some of the min-

eral particles and not to others; in gently agitating the mass and

blowing into the same a gas to assist the flotation of said immiscible

substance and the mineral particles which have become coated there-

with; in removing the floating layer; and separating said adhering

substance from said mineral particles, substantially as specified.

{Matter enclosed between rules erased in copy.]

1. [3.]* The process of separating minerals, which consists in

mixing together pulverized mineral material, a considerable quan-

tity of water, and a substance immiscible in water, but of less specific

gravity, and which will, in the presence of water, adhere to some of

the mineral particles and not to others; in violently agitating the

inass so as to break up said immiscible substance into minute globules;

in :dlowing said mass to settle whereby a considerable quantity of the

mineral particles having become coated with said substance will float

to the top of the mass, and in gently agitating the portion thereof

which settles, and in blowing into the same a gas for the purpose of

assisting the flotation of said substance and the mineral particles

coated therewith; in removing the floating layer, and in separating

the mineral particles from said immiscible substance, substantially

as specified.

1946 Canceled June 26/05.

$. The process of separating ores, which consists in thoroughly

mixing together pulverized mineral material, a considerable quan-

tity of water, a thin liquid hydrocarbon which will adhere to some

of the mineral particles and not to others; in gently agitating the

mass and blowing gas into the same for the purpose of assisting the

flotation of said hydro-carbon and the mineral particles which have

heen coated thereby ; in removing the floating laver; and separating

said mineral particles and hydro-earbon. substantially as specified.

>. The process of separating ores, which consists in thoroughly

mixing together pulverized mineral material, a considerable quantity

of water, and a thin hydro-carbon liquid which will adhere to some

of the mineral particles but not to others; in gently agitating the

mass and blowing gas into the same for the purpose of assisting the

flotation of said hydro-ecarbon liquid and the mineral particles which

{*Words and figures enclosed in brackets erased in copy.]

Rea RAEN Oia RET RAR ORR ENR REE EIEN ELT EPI Pe

1142 BUTTE & SUPR, MNG. CO. VS. MIN. SEP., LTD., ET AL.

have become coated thereby; in removing the floating layer; and in

filtering the same, substantially as specified.

6. The process of separating ores, which consists in thoroughly

mixing together pulverized mineral material, a considerable quantity

of water, a thin liquid hydro-carbon which will adhere to some of

the mineral particles but not to others; in gently agitating the mass

and blowing gas and some of said hydro-carbon liquid into the same

for the purpose of assisting the flotation of said hydro-earbon liquid

and the mineral particles which have become coated thereby; in

removing the floating layer; and in filtering the same, sub-

1947 — stantially as specified.

7. The process of separating ores, which consists in thor-

oughly mixing together pulverized mineral material, a considerable

quantity of water, a distillable hydro-earbon liquid which will ad-

here to some of the mineral particles but not to others; in gently

agitating the mass and blowing gas into the same for the purpose of

assisting the flotation of said hydro-carbon and the mineral particles

which have become coated thereby; in removing the floating layer;

concentrate residue

Mar. 24,05. in filtering the same; and finally in distilling the ,

[filtrate]* and condensing the hydro-carbon vapors

driven off, substantially as specified.

[Matter enclosed between rules erased in copy.]

t. [10.]* The process of separating minerals, which consists in

2. [8.]* The process of separating ores, which consists in mixing

together pulverized mineral material, a considerable quantity of

water, and a solution of bitumen in a light hydro-carbon liquid ,:

Insert A, Mar. 24/05.>

in Violently agitating this mixture to break up said solution into fine

globules: in allowing the mass to settle, and then gently agitating the

same and blowing in gas to insure the flotation of said solution and

the mineral particles coated thereby ; in removing the floating layer;

and sevarating the mineral particles from the solution, substantially

as specified.

3. [9.|* The process of separating ores, which consists 1n mixing

together pulverized mineral material, a considerable quantity

1948 of water, and a solution of bitumen in a light hydro-earbon

liquid ,; in violently agitating this mixture to break up said

Insert A, Mar. 24/05.>

solution into fine globules; in allowing the mass to settle, and then

gently agitating the same and blowing into it a gas and some of the

said solution to insure the flotation of said solution and the mineral

particles coated thereby: in removing the floating layer; and sepa-

ae the mineral particles from the solution, substantially as speci-

fied.

{*Words and figures enclosed in brackets erased in copy.1]

BUTTE & SUPR. MNG. CO VS. MIN. SEP., LTD., ET AL. 1143

mixing together the pulverized mineral material a considerable

quantity of water, and a solution of bitumen in a light hydro-carbon

liquid; in allowing the same to settle, and removing therefrom the

floating layer of said solution and the mineral particles which have

been coated thereby; and in filtering the material so removed, sub-

stantially as specified.

[11.]* The process of separating minerals, which consists in

mixing together the pulverized mineral material, a considerable quan-

tity of water, and a solution of bitumen in a light hydro-carbon

liquid ,; in gently agitating this mixture and blowing gas into the

Insert A, Mar, 24/05.>

same to assist the flotation of said solution and the mineral particles

which have been coated thereby; in removing said floating layer;

amd filtering the same, substantially as specified.

6, [12.]* The process of separating minerals which consists in

mixing together the pulverized mineral material, a considerable quan-

tity of water, and a solution of bitumen in a distillable hydro-carbon

liquid ,; in allowing the same to settle, and removing there-

1949 Insert A, Mar. 24/05.>

from the floating layer of said solution and the mineral _par-

ticles whieh have been coated thereby; in filtering the material so

concentrate residue

Mar. 24/05. removed; and in distilling the , [filtrate]* and con-

densing the hydro-carbon vapors driven off, sub-

stantially as specified.

7. [13.]* The process of separating minerals, which consists in

mixing together the pulverized mineral material, a considerable

quantity of water, and a solution of bitumen in a distillable hydro-

carbon liquid; in gently agitating this mixture and blowing gas

into the same to assist in the flotation of said solution and the min-

eral particles which have been coated thereby; in removing

the floating layer, and filtering the same; and in distilling the

concentrate residue

Mar. 24/05. , |[filtrate]* and condensing the hydro-carbon

vapors driven off, substantially as specified.

[14.]* The process of separating minerals, which consists in

icin together the pulverized mineral material, a considerable

quantity of water, and a solution of bitumen and kerosene; in gently

agitating this mixture, and in blowing a gas into the same to assist

in the flotation of said solution and the mineral particles which have

been coated thereby; and in separating said solution and mineral

particles, substantially as specified.

%. [15.]* The process of separating minerals, which consists in

mixing together the pulverized mineral material, a considerable

quantity of water, and a solution of bitumen in kerosene, and in

vigorously agitating this mixture so as to break up said solu-

[*Wo ee ned pen cndioass in brackets acaned ‘i copy. ]

a - " mone:

ee hs RON ISTE Soa oy ESE A ELE LER EMS eT OR ey TT

ate Pee te ee - 5 a a we apie .

aaa

1144 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

1950 tion into minute globules; in gently agitating said mixture

and blowing a gas into the same to assist in the flotation of

said solution and the mineral particles coated thereby ; in removing

the Hoating layer; in washing and filtering the same; and finally in

concentrate residue

Mar. 24,05. distilling the , [filtrate]* and condensing the

hydro-carbon vapors driven off, substantially as

specified.

In testimony whereof, I hereunto aflix my signature in the pres-

ence of two witnesses.

EDMUND B. KIRBY.

Witnesses :

T. L. SAVAGE.

Ek. G. EASTMAN,

SraTE OF WASHINGTON,

County of Stevens, ss:

Edmund B. Kirby, the above named petitioner, being duly sworn,

deposes and says that he is a citizen of the United States, and a resi-

dent of Rossland in the Province of British Columbia and Dominion

of Canada, and that he verily believes himself to be the original,

first and sole inventor of the improvement in process of separating

minerals described and claimed in the annexed specification; that

he does not know and does not believe that the same was ever known

or used before his invention or discovery thereof; or patented or

described in any printed publication in the United States of America

or any foreign country before his invention or discovery thereof or

more than two years prior to this application ; or in public use or on

sale in the United States for more than two vears prior to this appli-

cation and that no application for foreign patent on said

1951 invention has been filed by him or his legal representatives

or assigns, in any foreign country.

EDMUND B. KIRBY.

Sworn to and subscribed before me, this 4th day of December 1903.

[SEAL. ] JOHN A. KELLOGG,

Notary Public.

Notary Public for State of Washington, residing at Northport,

Washington.

[*Words and figures enclosed in brackets erased in copy.]

BUTTE & SUPR, MNG. CO. VS. MIN, SEP., LTD., ET AL. 1145

2-260.

M. E. C.

Div. —, Room No. 315,

Address only “The Commissioner of Patents, Washington, D. C.”

Paper No. 1.

All communications respecting this application should give the

serial number, date of filing, and title of invention.

Department of the Interior,

United States Patent Office,

Washington, D. C., January 19, 1904.

Mailed wi eee

Edmund B. Kirby, care Thurston & Bates, Cleveland, Ohio:

Please find below a communication from the Examiner in

charge of your application, #185,083, filed Deeember 14,

1903, for Process of Separating Minerals.

F. I. ALLEN,

Commissioner of Patents.

1952

50 should be inserted in the drawing. ‘“Raidally,” page 8, line 27,

should be corrected. It is suggested that “curved” would be more

appropriate than “spiral,” line 1, page 9 The submergence of the

side of the box 29 is required to be illustrated.

Claim 1 fails to express anything patentable over 676,679, Elmore,

June 18, 1901, Washers, H, the only distinction being as to the

manner of recovering the oil by distillation. The final portion in

Elmore appears to be considered too unimportant to warrant special

treatment. The question appears to be a purely commercial one,

not one calling for invention. See als- 521,899, Sutton, June 26,

1894, Metallurgy, Solution and Precipitation, Chlorination.

Claim 2 is rejected in view of Elmore, Sutton, cited, and British

patent 12,778, Lake, June 4, 1902, Washers.

Claim 3 is rejected in view of Elmore and Lake, cited.

Claim 4 is rejected in view of’ Elmore, Lake and 736,381, Glogner,

Aug. 18, 1903, Washers, H.

Claim 5 is rejected upon the reference for claim 4, as is also claim 6,

Claim 7 is rejected in view of the references for claim 4, the dis-

tilling step being held to be one which would naturally suggest itself

to anyone desiring to recover substantially all the oil.

195: Claim 8 is rejected in view of Elmore, Glogner and Lake.

The use of an oil intermediate in composition between that

of Elmore and that of Glogner does not appear to call for more than

judgment or selection.

oeiieenian sop gieaRaE ty SPONSOR 5 EMITS DANE NRHA OT IEE HO ASS At ALRIGHT LPO L ENT I a

1146 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

Claim 9 is rejected as lacking invention in view of Elmore and

Lake.

Claim 10 is rejected in view of the references for claim 8.

Claim 11 is rejected in view of the references for claim 8, as are

also claims 12, 13, 14, 15, the distillation of the oil being considered

not to involve invention as has been stated above.

LEWIS B. WYNNE,

Examiner, Division XXV.

T. fF. MITCHELL.

Mail Room, Patent Office,

Mar. 21, 1904, Mar. 22, 1904,

U.S. Patent Office. Division XXV.

Serial No, 185,083, Paper No. 2.

Room No, 315.

Cleveland, Ohio, March 16, 1904.

Commissioner of Patents, Washington, D. C.

Dear Str: In the matter of the application of Edmund B. Kirby

for Process of Separating Minerals, filed December 14, 1903, Serial

No. 185,053, last Office action January 19, 1904,

1954 After carefully considering the references cited, we find

ourselves unable to agree with the examiner’s conclusion as

to their bearing on the patentability of the process set forth by the

various claims; and we here submit our reasons for believing that

the claims are patentable over the citations.

The Elmore patent describes a process in which a thick oil is to

be used,—said oil being the non-distillable residuum of petroleum

distillation. The Elmore process is in practical use in various parts

of the world, but this thick residuum oil is always used, care being

taken not to break it up into globules, but to maintain it in large

clots, as set forth in the patent. The Elmore patent does not specify

in what manner the ore is separated from the oil to which it adheres,

but, as a matter of fact, the method employed by Elmore in practice

is to employ a centrifugal separating machine, which removes a very

large percentage of oil, but nevertheless does not remove it all.

There is, therefore, a considerable loss of oil. Elmore does not filter

the oil-covered concentrate, because the oil will not pass through a

filter; and he does not distill it because it will not distill. One may

not infer, therefore, from Elmore’s silence as to his method of recov-

ering the oil, that he mav have used filteration and distillation, of

that it was merely a matter of selection with him whether or not he

should use these methods. We, of course, understand that filtration

to separate a liquid from a solid is not a process which applicant

originated. The recovery of oil by distillation is likewise old,

1955 and certainly no claim pretends to cover either of these

processes per se. Applicant, however, is the first ever to have

BUTTE & SUPR, MNG. CO. V8. MIN. SEP., LTD., ET AL. 1147

devised a practical process for concentrating ore by means of some

substance immiscible in water having preference of adhesion for the

mineral particles, and in which, because of the character of im-

miscible substance so used, it could be recovered in its entirety with-

out any loss, except the loss of the small quantity of bitumen em-

ployed, by using the processes of filtration and distillation. We

should think there could be no question as to the patentability of

those claims in applicant’s case, which not only specify filtration

and distillation, but which also specify a thin hydro-carbon or kero-

sene or the kerosene-bitumen solution. It would seem also that such

claims, as claim 1, which are not limited to the specific filterable and

distillable oil, are likewise allowable, because, as above stated, appli-

cant was the first to devise a practical commercial process in which

filtration and distillation could be, and was, used as the method for

recovering the concentrating material.

The British patent, mentioned, seems to be for a laboratory experi-

ment; but passing that question, we submit that it is not a suflicient

reference for the rejection of any of applicant’s claims. The proves

consists in mixing with the oil some limestone, some water “a thin

layer of ordinary oil” and some sulphurie acid. This latter, by get-

fing upon the limestone, generates a gas, and, as a result, the

chalcopyrite will instantly rise to the top of the liquid. This

1996 process is only intended for the treatment of sulphides. The

foregoing is the process as described. The seientifie knowl-

edge, upon which the process is based, ineludes, so the patent stated,

the knowledge that if a gas of any kind is liberated in this mass the

bubbles become covered with a coating of sulphide.

Applicant's is a practical industrial process, not a theory or labora-

tory experiment. It does not involve the mixture of ore and some

material from which a gas may be generated, but it does include the

exceedingly practical act of blowing air or some gas, obtained ex-

ternally of the charge, into the mixture of ore and water and the

hydro-carbon solution. Its claims are limited to blowing in the air,—-

asa result of which the bubbles 0° air attach themselves like balloons

to oil-coated particles and float them to the surface. Applicant's

claims erelude the flotation of the oil-covered coneentrates by gen-

crating a gas within the charge. '

The Sutton patent describes the use of kerosene as a collector of

precipitated gold,—gold precipitated from = its chlorine solution.

What is meant by a collector of precipitated gold is not understoo 1,

but the precipitate is in such a finely subdivided condition that

possibly kerosene or turpentine might cause it to be colleeted and

floated. It is not pretended, however, by the patentee that the use of

keroene alone would have any sulstantial or practical effeet upon

anything else exeept precipitated gold. This Sutton patent. cer-

tainly is not an anticipation of any claim in the pending aj-

1957 plication, and ean be regarded only as indicating so much vs

it describes, namely, that the thin hydro-carbon will collect

precipitated gold, if introduced into the gold solution before the

precipitating sulphate of iron has been added.

The glogner patent uses petroleum for the purpose of collecting

east Gaal a oral exeee S DEAE RAGIRE 9 0 EAN REN A ir

1148 BUTTE & SUPR, MNG, CO, V8, MIN, SEP., LTD., ET AL.

graphite from earthy admixtures therewith. The patent states that

it is not ureiul, unless one first washes out everything exeept the

graphite and the earthy material, Then the petroleum, whieh the

patent directs to be used, is we presume, natural oil whieh is not a

thin oil and contains not only distillable portions, but the non-<dis-

tillable residuum which Elmore uses, This patent certainly gives

no information, by which one could be led to applicant's commercial

process of separating the mincral from the non-mineral eonsutuents

of crushed ore; and furthermore the patent distinetly states that the

process can only be used to colleet graphite from a certain admixture

therewith.

We presume the examiner is aware of the present activity in various

parts of the world of mining engineers and chemists in the matter re-

lating to ore concentration by using oil in different ways That these

skilled men, eagerly and intelligently working in this field, have not

found anything in the patents cited to dircet then to applicant's

process is, we think, a strong argument supporting our view that they

do not anticipate applicant's claim, The process deseribed in

1958 applicant’s process is a practicable, workable and successful

process, tatement which cannot be made of any of the

processes deseribed in the patents cited in so far as they relate to the

separation of the mineral and the non-mineral parts of erushed ore.

The examiner must admit that not one of applicant's claims is met

by any one of the citations, In this art, particularly it would seem

as if the non-patentability of claims should not be predicated upon

two or three or more patents, one of which anticipated the claims,

upon the theory that one patent shows one of the steps while another,

shows another of the steps which, in combination, are the subject of

applicant's claims.

We request a reconsideration in view of the foregoing and a favor-

able action.

Respectfully,

THURSTON & BATES,

Attys. for Fdmund B. Kirby,

1959 2-260,

M. E. C,

Div, 25, Room 315,

Address only “The Commissioner of Patents, Washington, D.C.”

Paper No, 3.

All communications respecting this application should give the

serial number, date of filing, and title of invention.

ton

al PORE RO poco ponies atte ae:

BUTTE & SUPR, MNG. CO. VS. MIN. SEP., LTD., ET AL. 1149

Department of the Interior,

United States Patent Office,

Washington, D. C., April 28, 1904,

SoS

Edmund B, Kirby, eare Thurston & Bates, Cleveland, Ohio:

Please find below a communication from the Examiner in charge

of your application, # 185,033, filed December 14, 1908, for Process

of Separating Minerals.

F. 1. ALLEN,

Commissioner of Patents,

Case as argued March 21,1904, further considered,

The Ist claim is rejected in view of Glogner, (taken in connection

with the process deseribed on page S44, Vol, XI, Mineral Industry,

a copy of which is in the Seientitie Library of the U, 8. Patent

Office, This description refers to pefrolewm vapor which certainly

is volatile.) and Elmore, Elmore discloses filter pressing.

160) while distillation for the recovery of the last traces of oil is

not disclosed, it is insisted that it is not a matter of invention

in view of the common practice of extracting oil from substances

containing them by distillation, and the general practice of distilling

dmalagam, after straining, for the recovery of the mereury, amalga-

mation being a very analogous process to oil-separating processes,

It heing an old practice to blow gas into pulp to separate material

by flotation (see e. g., 469,599, Rouse, Feb, 28, 1802, Washers, A)

and the use of gas to aid in the flotation of oil coated particles also

heing old (Lake of record) it would not appear to involve invention

to employ air in the process of e, g., 725,609, Wolfe, Apr, 14, 19038,

Washers, H, The 2nd claim is therefore rejected,

Claim 3 is more specific, and, on reconsideration, will be allowed,

Claim 4 is rejected upon the references for the 2nd claim and the

reference to Mineral Industry, cited, showing the use of petroleum

vapor, Which is a thin oil,

The Sth, 6th and 7th claims are rejected upon the references for

the first two claims, as expressing mere selections of steps from the

prior art without change of relation,

The Sth claim is too indefinite in view of the references for claim

2. The objection lies in the fact that the claim does not specify the

relative proportion of oil and bitumen, and the term “solution of

bitumen in a light hydrocarbon liquid” may be said to apply

1961 to petroleum, if the construction contended for by applicant

is to be applied to “petroleum.”

The same applies to the 9th claim. But it may be said that if

applicant specifies the proportions of hydro-carbon liquid and pe-

troleum, the examiner is inclined to favorably consider these two

claims.

Claim 10 is rejected as destitute of invention in view of Glogner

and Elmore, cited.

eee eee ee ee eo "~ . . - ee eee

1150 BUTTE & SUPR. MNG. CO, VS. MEN. SEP., LTD., ET AL.

What has been said of the Sth and 9th claims applies also to the

1ith and 12th.

The 13th, Lith and 15th elaimes will be allowed.

Applicant would seem to intend that the term “filtrate” apply to

the conecntratcs and their retained oil, Lf so, the use of the term is

incorrect, the term “filtrate” meaning the solution or material passing

through the filter,

LEWIS Bb, WYNNE,

Eraminer, Division NNUV.

‘y, F. MITCHELL.

i Mail Room, Patent Office,

Mar. 24, 1905, Mar. 25, 1905,

U.S. Patent Office. ; Division NXNYV,

Serial No. 185,033, Paper No. 4.

Room No. 815.

Cleveland, Ohio, March 15, 1905,

Commissioner of Patents, Washington, D.C.

Dear Sir: In the matter of the application of Edinund B. Kirby

for Process of Separating Minerals, filed December 14, 1903, Serial

No. 185,033, last Office action April 23, 1904:

Amendment is made as follows:

1. On page 4, line 27 change “raidally” to radially.

2 Page 9, line 1, change “spiral” to read curved,

3. Page 10, line 13, change “lever” to read level.

Tn claim 1, line 9, elaim = line 9, claim 12 line 7, claim 1

line 8 and claim 15 line 9, change “filtrate” to read concentrate

residue.

5. Claim &, line 4, claim 9 line 4, claim 11 line 4, and claim 12

line 4, after the word “liquid,” in each instance, insert

—

A. the proportion of bitumen in solution being substantially

sufficient to insure the coating and entrainment of the min-

eral particles.

Respectfully,

E. B. KIRBY,

: By THURSTON & BATES,

Ilia Attorneys.

1963 Remarks.

In connection with the rejection of claim 1. the Examiner's

reconsideration of the citation from the Minerals Industry is asked.

This article, while possibly being of interest to those engaged

in the graphite industry, does not appear to offer the slightest sugges-

tionof value to thosewho are endeavoring to recover metallic minerals

a

BUTTE & SUPR, MNG. CO. VS. MIN, SEP., LTD., ET AL. 1151

from the gangue. The article referred to, while disclosing the use

of a distillable oil, in a particular connection, does not in the slight-

est manner indicate to any one that it would be possible to make use

of a light distillable oil in selecting out metallic values from a pul-

verized ore, Tt would be impossible to substitute this step of saturat-

ing graphite thakes with petroleum vapor in a mineral separating

process, even should it by chance oceur to any one to try it. There

surely can be nothing in the discovery of the fact that graphite

fakes can be saturated with a vapor of petroleum which would lead

one to think that kerosene could be used in a mineral separating

process where hitherto thick viscid bitumen alone ad been em-

ployed. There is no step in Glogner’s process which could be sup-

stituted Ly any step in the process pwede in the Mineral Industry

and result in the applicant's process. It seems plain to the applicant

that claim 1 should be allowed,

With regard to claim 2 attention is called to the fact that Rouse

does not use air for the purpose of assisting in gently agitating and

effectually separating those particles which naturally would float

to the surface from those which would naturally sink. Rouse

ING4 violently drives the fine particles to the surface by sheer force

of his air blast, and it is necessary that they should be im-

mediately skimmed olf, since they will only float so long as the foam

lasts. Tle, as a matter of fact, has of necessity to create a disturbance

in the hody of the liquid which would he harmful and detrimental

in the applicant's procedure, Lake's process is for a specifically dif-

ferent thing and does not tell the public anything about the advant-

uge of gently agitating a mixture of water and mineral particles

coated with an immiscible liquid and assisting their separation by

blowing in air, Lake discovered that gas bubbles, liberated in the

manner which he deseribes, become coated with chaleo-pyrite dust.

This discovery is absolutely without value in the applicant's process

since the mineral particles are already coated with bitumen, and the

public presented is one of separating the bitumen from the water.

In connection with the rejection of claim 4 it must be insisted that

the article in the Mineral Industry has not contributed anything

which is of any assistance in this process.

Claims 5, 6 and 7 have been rejected on the general ground of lack

of invention in view of the state of the art. As the applicant under-

stands this theory of rejection, it requires that when the references

cited are spread before one the applicant's process shall thereupon

hecome obvious. Now it is submitted that there is no suggestion of

the applicant's sequence of steps in the prior art. He is assuredly

the first to use the process claimed, and finds that it is a dis-

1965 tinet step forward, productive of results hitherto not attained,

and it seems that it would be a practical denial of his legal

rights to refuse him protection on that which is his and his alone.

This process is surely not an obvious one ; otherwise, being successful,

as it is, it would have been previously practiced.

The art to which it relates is one in which experimentation is at

once difficult and expensive, and it would seem that whenever an

inventor has sufficient confidence in the merits of a new procedure,

aN SE APR IOILES ’

SRN MIRREN LMI? Te RID RGM AT LT ETE ATEN ARIES BIN, TIER DMN OSETIA AL VACA CER RE al tia

nena

1152 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

which he has conceived, to go to the risk and expense nece sary to

determine the operativeness of the same that the somewhat theoreti-

cal question of invention should be decided in his favor.

Claims &. 9, PL and 12 have been amended as desired.

Claim 10 it is thought should be allowed on the grounds set forth

above. It is understood that the remaining claims are regarded as

allowable,

Respectfully,

THURSTON & BATES,

166 M, E. C.

2-260.

Div. 25, Room 315.

Address only “The Commissioner of Patents, Washington, D.C.”

Paper No. 5.

AIL communications respecting this anplication should give the

serial numler, date of filing, and title of invention.

Department of the Interior.

United States Patent Office,

Washington, D. C., May 2, 1905,

Kdiund B. Kirby, care Thurston and Bates, Cleveland, Ohio:

Please find below a communication from the Examiner in charge

of your application, 185,083, filed December 14, 1908, for Process

of Separating Minerals.

F. I. ALLEN,

Commissioner of Patents,

Cae as amendel and argued March 24, 1905, further considered.

Wolfe of record amply discloses the use of kerosene for recovering

gold: this taken in connection with Glogner and the reference to

Mineral Industry of record amply anticipate the use of a light

volatile oil for the recovery of metals. The 1st claim is rejected in

view of Wolfe, Elmore of record, and the analogous process

1967 of amalgamation in which mercury is the selective material.

In the amalgamation of gold it is the universal practice to

strain the amalgam, and subject the residue to distillation to recover

the last of the mereury. It would not involve invention to follow

the strictly analogous series of steps with oil. See 207,695, Tun-

bridge. Sept. 3, 1878, (page 2, lines 11-13, 1st column.)

British patent to Lake discloses the use of oil and gas in separating

ores. In view of this, it would not involve invention to inject air 5

Wolfe, in view of Rouse of record, or 751,645, Hopkins, Feb. 9,

1904, Washers, A. The 2nd claim is therefore rejected.

The 4th is rejected upon the references for claim 2.

“ae Mr Sy NPE th gadis ee NOMA, Yor ee, eaewerr gy f

BUTTE & SUPR. MNG. CO. VS. MIN. SEP.

The 5th, 6th and 7th claims are rejected in view of the references

for the first two claims.

The other claims will probably be allowed.

LEWIS B. WYNNE,

Kraminer, Division XXV.

, LTD,, ET AL. 1153

T. FL MITCHELL,

1968 Mail Room, Patent Office,

Jun- 26, 1905, Jun- 27, 1905,

U.S. Patent Office. Division XXV.

Serial No, 185,033, Paper No. 6,

Room No, 315.

Cleveland, Ohio, June 24, 1905.

Commissioner of Patents, Washington, D.C,

Dear Str: In the matter of the application of Edmund B. Kirby

for Process of Separating Minerals, filed December Lith, 1903, Serial

No. 185,033, last Office action May 2, 1905.

_ Amendment is made as follows:

Cancel claims 1, 2, 4.5, 6 and 7.

i. B. KIRBY,

By THURSTON & BATES, Attys.

169 2-181.

A. R.

Serial No. 185,083,

Issue Division,

All communications should be addressed to “The Commissioner

of Patents, Washington, D, C.”

Department of the Interior,

U.S. Patent Office,

Washington, D. C., July 10, 1905,

Edmund B. Kirby, ¢/o Thurston & Bates, 8. F. S. Bldg., Cleveland,

Ohio.

Sir: Your application for a patent for an improvement in Process

of Separating Minerals. Filed Dec. 14, 1903, has been examined

and allowed.

The final fee, twenty dollars, must be paid, and the Letters Patent

bear date as of a day not later than six months from the time of this

present notice of allowance.

73—Ree.

i ee areata prensa mens nmmnaamannims mami anime mean aN ee "

eg

1154 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

If the final fee is not paid within that period the patent will be

withheld, and your only relief will be by a renewal of the application,

with additional fees, under the provisions of Section 4897, Revised

Statutes. The Oflice aims to deliver patents upon the day of their

date, and on which their term begins to run; but to do this properly

applicants will be expected to pay their final fees at least twenty days

prior to the conclusion of the six months allowed them by law. The

printing, photolithographing, and engrossing of the several patent

parts, preparatory to final signing and sealing, will consume

1970 the intervening time, and such work will not be done until

after payment of the necessary fees,

When you send the final fee you will also send, distinetly and

plainly written, the name of the inventor and title of invention as

above given, date of allowance (which is the date of this circular),

date of filing, and, if assigned, the names of the assignees.

If vou desire to have the patent issue to assignees, an assignment

containing a request to that effect, together with the fee for recording

the same, must be filed in this Office on or before the date of payment

of final fee.

After issue of the patent uncertified copies of the drawings and

specifications may be purchased at the price of 5 cents each. The

money should accompany the order. Postage ‘stamps will not be

received.

Respectfully, F. 1, ALLEN,

Commissioner of Patents.

After allowance, and prior to payment of the final fee, applicants

should carefully scrutinize the description to see that their statements

and language are correct, as mistakes not incurred through the fault

of the office, and not affording legal grounds for reissues, will not

be corrected after the delivery of the letters patent to the patentee or

his agent.

In remitting the final fee give the Serial Number at the head of

this notice.

If payment is made by check or draft, the credit allowed is sub-

ject to the collection of the same.

1971 $20, ck., Received Dec. 23, 1905. Z. Chief Clerk, U. S.

Patent Office.

Cleveland, Ohio, Dee, 21, 1905.

Commissioner of Patents, Washington, D. C.

Dear Sir: In the matter of the application of Edmund B. Kirby,

for an improvement in Process of Separating Minerals, filed Decem-

ber 14, 1903, Serial No. 185,033, allowed July 10, 1905, we hand

you herewith as final Government Fee $20.00 in the form of our

check.

Yours truly,

From THURSTON, BATES & WOODWARD,

1029 Society for Savings Building,

Cleveland, Ohio.

Nye: > ktheee the S en eenTs eT

BUTTE & SUPR, MNG. CO. VS. MIN. SEP., LTD., ET AL. 1155

1972 2-183.

S. M.

Serial No. 185,033.

Issue and Gazette Division.

All communications should be addressed to “The Commissioner

of Patents, Washington, D. C.”

Department of the Interior,

United States Patent Office,

Washington, D. C., Dec. 23, 1905.

Edmund B, Kirby, ¢/o Thurston, Bates & Woodward, 1028 Society

for Savings Bldg., Cleveland, Ohio.

Sir: Your application for a patent for an improvement in Process

of Separating Minerals, filed Dec. 14, 1905, has been examined and

again allowed.

The final fee, twenty dollars, in the above-entitled case was re-

ceived Dee. 23, 1905.

Very respectfully,

F. I. ALLEN,

Commissioner of Patents.

{Here follows printed copy of Patent 809,959.]

ep! VEER OSS EE eR TA Ye oe EN PLS, COI

meg

6 BUTTE & SUPR. MNG. CO, VS. MIN. SEP., LTD., ET AL.

1973 1903.

Contents.

83. Mills,

Ore and Coal Washers.

Print, —, '

Application, — papers, O. K.

Rej., Jan. 19, 1904.

Argument, Mar. 21, 1904.

Rej., Apr. 238, 1904.

Amendment A, Mar. 24, 1905.

Rej., May 2, 1905.

. Amendment, June 26, 1905.

CON aokwNe

Title: Improvement in Process of Separating Minerals.

1974 DEFENDANT'S EXuIsIrT.

Certified Copy of File-wrapper and Contents of Patent in Suit No.

835,120.

United States of America,

Department of the Interior,

United States Patent Office.

To all to whom these presents shall come, Greeting:

This is to certify that the annexed is a true copy from the Records

of this office of the File Wrapper and Contents, in the matter of the

Letters Patent of Henry Livingstone Sulman, Hugh Fitzalis Kirk-

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1157

ot

patrick-Picard, and John Ballot, Number 835,120, Granted November

6, 1906, for Improvement in Ore Concentration.

In testimony whereof I have hereunto set my hand and caused the

seal of the Patent Office to be affixed at the City of Washington, this

oth day of December, in the year of our Lord one thousand nine hun-

dred and cleven and of the Independence of the United States of

America the one hundred and thirty-sixth,

[ SEAL. } F, A. TENANT,

Assistant Commissioner of Patents.

1975 2-437.

Number (Series of 1900).

262,889.

1905.

Divn,. XXV,

Div. 25,

(Exr.’s Book) 4-13,

Patent No. 835,120,

Name: Henry Livingstone Sulman, Hugh Fitzalis Kirkpatrick-

Picard and John Ballot.

Of London,

County of . England.

Invention: Ore Concentrators.

Original. Renewed.

Petition, May 29, 1905, —— —, 190-.

Affidavit, ~~ 3906, ——. —, 190..

S Specification, ae. Gees

=F Drawing, ~ “ 1905, —— —, 190-.

Ss Addl, “ Apr. 17, 1906, —— —, 190..

Hane Model or Specimen

o.e not reqd.,. —— —, 190-, —— —= 190.

#E First Fee, Cash $15, May 29, 1905, —— —., 190..

< ee ** Cert., ——e oe, FS, 190-,

Appl. filed complete, May 29, 1905, —— —, 190..

Examined, Lewis B. Wynne, omy t, 16, 9.

Countersigned, W. W. Mortimer. -—- —-, 190-,

For Commissioner, For Commi sioner,

Notice of Allowance, July 6, 1906, —— —, 190..

inal Fee, Cash $20, Oct. 15, 1906, —- —.: 199..

ae er — —, 190-, —- —, 190..

Patented, November 6, 1906.

Associate Attorney, ——. Attorney-, Knight Bros..

McGill Buildg., City.

Name, —., Serial Number, :

3. Patent No. —. Date of Patent, ——.,

[On left margin:] Division of App. No. —, filed —, 190-.

ESA NIN LPN DPR ANI UREN TER IPERS SE IA SOLED TSR ARE APR ES

Sat tae 2 aa i

ae

1158 BUTTE & SUPR, MNG. CO. VS. MIN. SEP., LTD., ET AL.

1976 Joint Petition.

$15 Received May 29, 1905. J. Chief Clerk, U. S. Patent Office.

Serial No, 262,889, Paper No. —.

Application.

To the Commissioner of Patents:

Your Petitioners Henry Livingstone Sulman, Hugh Fitzalis and

Kirkpatrick-Pieard and John Ballot, subjects of the King of England,

and residents of London, England, whose Post Office addresses are

respectively 44, London Wall, London, E. C., 44 London Wall,

London, EF. C., and 62, London Wall, London, FE. C. pray that Let-

ters Patent may be granted to them, as joint inventors, for the im-

provements in “Ore Concentration,” set forth in the annexed Speci-

fication, and they hereby appoint Messrs. Knight Bros., MeGill Bldg.,

Washington, D. C. a firm consisting of Hervey 8. Knight and Harry

A. Knight their Attorneys with full power of substitution and revo-

cation, to prosecute this application, to make alterations and amend-

ments therein to receive the Patert, and to transact all business in

the Patent Office connected therewith.

Signed at London, England, this 17th day of May, 1905.

Inventors:

HENRY LIVINGSTONE SULMAN.

HUGH FITZALIS KIRKPATRICK-PICARD.

JOHN BALLOT.

1977 =~To all whom it may concern:

Be it known that we, Henry Livingstone Sulman, Hugh Fitzdlis

Kirkpatrick-Picard and John Ballot, all subjects of the King of

England, and residing in London, England, have invented certain

new and useful improvements in ore concentration of which the

following is a specification :—

This invention relates to improvements in the concentration of

ores, the object being to separate metalliferous matter, graphite and

the like from gangue, by means of oils, fatty acids or other sub-

stances which have a preferential affinity for metalliferous matter

over gangue.

In the process described in the previous United States Patent

No. 777,273, granted to A. E. Cattermole, an amount of oil varying

from 4% to 6% of the weight of metalliferous matter present is

agitated with an ore pulp so as to form granules which can be sepa-

rated from the gangue. In the previous United States Patent No

777,274, granted to A. KE. Cattermole and others, a similar method

of separation is employed, oleic acid being produced in situ in the

ore pulp.

We have found that if the proportion of oily substance be con-

aaa lied —

-

BUTTE & SUPR, MNO. CO. VS. MIN. SEP., LTD., ET AL 1159

siderably reduced, say to a fraction of 1% on the ore, granulation

ceases to take place and after vigorous agitation, there is a tendency

for a part of the oil-coated metalliferous matter to rise to the surface

of the pulp in the form of a froth or seum.

This tendency is depewdent on a number of factors. Thus, the

water in which the oiling is effected is preferably slightly

1978 acidified by adding say a fraction of 1% up to 1%, of sul-

phurie acid or other mineral acid or acid salt, the effect of

this acidity being to prevent gangue from being coated with oily

substance, or in other words, to render the selective action of the oil

more marked ; but it is to be understood that the object of using acid

in the pulp according to this invention is not to bring about the

generation of gas for the purpose of flotation thereby, and the pro-

portion of acid used is insufficient to cause chemical action on the

metalliferous minerals present,

Again, we have discovered that the tendeney for the oily sub-

stance to disseminate through the pulp and the rapidity with which

the metalliferous matter becomes coated is increased if the pulp is

warmed, :

The formation of froth is assisted by the fine pulverization of the

ore and we find that slime mineral most readily generates seum and

rises to the surface while larger particles have less tendency to be

included in the froth,

The proportion of mineral whieh floats in the form of froth varies

considerably with different ores and with different vily substances,

and before utilising the facts above mentioned in the concentration

of any particular ore a simple preliminary test is necessary to deter-

mine which oily substance yields the proportion of froth or scum

desired,

The following is an example of the application of this invention

to the concentration of a particular ore,

An ore containing ferruginous blende. galena, and gangue

1979 consisting of quartz, rhodonite, and garnet, is finely powdered

and mixed with water containing a fraction of 1% or up

to 1% of a mineral acid or acid salt, conveniently svulphurie acid,

or mine or other waters containing ferric sulphate. To this is added

a very small proportion of oleic acid (say, from 0.02% to 0.5%

on the weight of ore), the mixture is warmed say to 80° to 40° ©,

and is briskly agitated in a cone mixer or the like. as in the processes

previously cited, for about 21% to 10 minutes, until the oleic acid has

been brought into efficient contact with all the mineral particles in

the pulp.

When agitation is stopped a large proportion of the mineral pres-

ent rises to the surface in the form of a froth or seum which has de-

rived its power of flotation mainly from the inclusion of air bubbles

introduced into the mass by the agitation, such bubbles or air films

adhering only to the mineral particles which are coated with oleic

acid. The minimum amount of oleic acid which can be used to

effect the flotation of the mineral in the form of froth may be under

9.1% of the ore, but this proportion has been found suitable and

economical.

os NR TE

1160 BUTTE & SUPR, MNG, CO. VS. MIN. SEP., LTD., ET AL.

If the ore were crushed to 90 mesh to the linear inch (half of

which ore will pass through 150 mesh sieve) the froth may contain

about 70% to 80% of the metalliferous matter present in the ore.

This froth is removed from the pulp by spitzkast, upeast, skimming,

draining, or otherwise; after ph ence the oil-coated metalliferous

matter removed as froth is separated from any liquid which

1980 may have accompanied it and treated with a dilute solution of

caustic alkali which removes the oleic acid in the form of a

solution of soap.

If desired, the oleic acid used in the first instance may be produced

in situ in the pulp by decomposing a dilute soap solution with min-

erai acid as described in the previous Patent No. 777,274, cited above.

The oleic acid or other fatty acid forming the coating on the metal-

liferous matter which produces the froth, may give rise to insoluble

soaps on the surface of the metalliferous matter if soluble lime, iron

or other salts are present in small quantity during the production, or

on the breaking down of the froth with alkali; such insoluble soaps

are difficult to remove and are capable of adhering to air and caus-

ing flotation much the same as the fatty acids do.

The metalliferous matter which did not form part of the froth

(generally the larger particles) remains in admixture with the gangue

in the pulp. To recover this, the pulp is distributed in a thin laver

on « shaking table, convex buddle or the like, whereon the mineral is

exposed to a free air surface, which exposure may be increased by

the application of air blast or air jets or the like, and thereafter

brought on to the edge or surface of liquid whereby the metalliferous

matter floats and is separated from the gangue which sinks as de-

seribed in the Specification of our previous United States Applica-

filed February 20, 1905,

Nov. 20/05, tion No, 246,637,

The proportion of mineral recovered in the froth

and that recovered by table flotation may be considerably

1981 varied but generally speaking the froth will separate the slime

mineral while the larger particles are recovered by the latter

method,

Sub. A, Apr. 17/06.

The accompanying drawing is a diagram of one form of apparatus

suitable for carrying this invention into practice.

{Matter enclosed between rules erased in copy.]

Referring to Fig. 1 a mixing

Apr. 17/06. [A mixing]* , vessel A (of which there may be

any number in series) is provided with a rotatable

stirrer B. Crushed ore is fed from a hopper C into the vessel by a

band D. A pipe E controlled by a tap E* delivers circuit water to the

vessel, and oleic acid or other oil is introduced through pipe F and

tap F'. The other cock G from the vessel A communicates through

a swan-neck pipe H with the froth separating apparatus.

(*Words and figures enclosed in brackets erased in copy.]

- a5 Ma aeRO NEN PE AE TRL RE IES

CaP RE NT 6 IS NE ROR!

BUTTE & SUPR, MNG, CO, VS, MIN, SEP., LTD,, ET AL. 1161

In passing from the frothing apparatus A to the spitzkasten (say

between O and K) the pulp may if desired be run in a thin layer

over a smooth slightly inclined plane

Canceled Apr. 24/06. Nov. 20/05, canceled.

und may be submitted to the action of a series of air jets in order to

increase the amount of floating metalliferous matter to a maximum.

{as Hlustrated in our previous application above referred to.]*

Apr. 17/06, canceled.

{Matter enclosed between rules erased in copy.)

The froth separating apparatus comprises several (say three)

ported boxes J', J*, J* which open at the top into a horizontal chan-

nel consisting of side walls K. The channel has a narrow inlet K*

and spreads out to a wide outlet K*, The pointed boxes J', J*, J

have full-eway cocks L', L*, L*, at the bottom leading to swan-neck

discharge pipes M', M?, M*. An up-current of water may

152 be led in at the bottom of each through a tap N', N*, N°.

The boxes are all filled with cireuit water; the pulp from

the vessel A is distributed horizontally from the flat trough O through

the inlet K'. The heavy sands and coarser particles of mineral sink

into the first box J' from which they are léd to a shaking table, con-

vex buddle, or the like to be treated as above described. The mid-

dlings or medium sands fall into the box J* and if they contain any

mineral, may be removed for further treatment by agitation. The

up-current of water from the taps N' N*® prevents the deposition of

any slime in these boxes. The fine sands or gangue slimes settle in

the last box J* from which they are discharged to waste or further

treatment,

The slime mineral in the form of froth or scum floats from the

liquid and is carried by the stream over the outlet K* into a launder

P and thenee to a filter Q where the metalliferous matter is removed

from the eireuit water which is returned to the vessel A by a pump R.

The circuit water may be brought to the proper temperaturre by

passing it through a heater S having a burner S' before admitting

the water to the vessel A.

An alternative method for the recovery of any sunk oiled metal-

liferous matter which may be deposited in the second and third spitz-

ka-ten is as follows: The products suspended in cireuit liquor are

removed from the spitzkasten and placed in a vessel in which they

are submitted to an additional pressure of air or other gas of

1983 from, say, 1 to 2 atmospheres, or over. On relief of such

pressure the bubbles of air, or other gas so generated through-

out the mass at once sweep to the surface thereof all the metalliferous

matter in the form of a froth which can be separated as before. ,

Insert A’, Apr. 17/06.>

Insert A*, Apr. 17/06.>

[*Words and figures enclosed in brackets erased in copy.]

ee

1162 neve «4 #9 MING. CO. V8. MEN. SEP, LTD. BT AL.

The nature and arrangement of the apparatus used may be varied

without departing from this invention

What we claim a* our invention and desire to secure by Letters

Patent is:

1. The herein deveribed proces of concentrating ores which con-

sists in mixing the powdered ore with water, adding a small propor-

tion of an vily liquid having a preferential affinity for metalliferous

matter, (amounting to a fraction of 1% on the ore), agitating the

mixture until the oil-coated mineral matter forme into a froth, and

separating the froth from the remainder by flotation,

2 The herein deseribed process of concentrating ores which con-

sists in mixing the ooudenel ore with slightly acidified water, adding

a small proportion of an oily liquid having a preferential affinity for

metalliferou matter (amounting to a fraction of 1% on the ore),

agitating the mixture until the oil-couted mineral matter forme into

a froth and separating the froth from the remainder by flotation,

8. The herein deeerihed proces of concentrating ores which con-

sists in mixing the wondered ore with slightly acidified water, adding

a small propertion of an oily liquid having a preferential affinity

for metallifcrous matter (amounting to a fraction of 1% on

1984 ‘the ore), warming the mixture, agitating the mixture until

the oil-coated mineral matter forme into a froth and separat-

ing the froth from the remainder by flotation

4. The herein deseribed proces of concentrating ores which con-

sists in finely powdering the ore, mixing it with slightly acidified

water, adding a «mall proportion of an oily substance having a prefer-

ential affinity for metalliferous matter (amounting to a fraction of

1% on the ore), warming the mixture, agitating the mixture until

the oil-coated mineral matter forme into a froth, separating the froth

from the remainder by flotation, and removing the oily coating from

the mineral,

5. The herein described process of concentrating ores which con-

sists in mixing the powdered ore with water, adding a «mall propor:

tion of oleie acid amounting to 0.02-0.59 on the ore, agitating the

minture wotil the oleie acid has been brought inte efficient contact

with the mineral and has formed a froth therewith, and separating

the froth from the remainder by flotation,

6. The herein deseribed process of concentrating ores which

consists in mixing the powdered ore with water containing

a fraction of

Apr. 17/06, , [lew than|]* 1% of sulphuric acid, adding a «mall

proportion of oleic acid amounting to 0.02-0.5%

on the ore, agitating the mixture until the oleie acid has been brought

into efficient contact with the mineral and has formed a froth there-

with, and seperating the froth from the remainder by flotation.

7. The herein described process of concentrating ores which

1985 consist# in mixing the powdered ore with water contain-

a fraction of

Apr. 17/06. ing , [lew than]* 19% of sulphurie acid, adding a

- eee ee

[*Words and figures enclosed in brackets erased in copy.)

BUTTE 4 SUK, MNG. CO. V8. MIN. #EP., LTD. ET AL. 1168

small proportion of oleic acid amounting to 0.02-

0.5% on the ore, warming the mixture to %0°-

10° CL, agitating the mixture until the oleic acid

has been brought into efficient contact with the

mineral and has formed a froth therewith, and sep-

arating the froth from the remainder by flotation.

5. The herein described process of concentrating

ores which consists in finely powdering the ore,

fraction of

”

mixing it with water containing , [lew than]* 1%

of sulphuric acid, adding sufficient oleic soap solu-

tien to preduce oleic acid anounting to 0.02-0.59% on the ore, warm-

ing the mixture to 30°.40° C., agitating the mixture until the oleic

act hee been brought inte efficient contact with the mineral and ha«

forme a froth therewith, «oparating the froth from the remainder by

flotation, filtering off the froth and removing the oleic acid therefrom

lw treatment with an alkali

Treort AY, Apr. 17/06,

Canceled Apr. 17/06.

0 The herein deseribed process of concentrating ores which con-

sits in finely powdering the ore, mixing it with water containing

lew than 1) of sulvhurie acid, adding sufficient oleic soap solution

to produce oleic acid amounting to 0.02-0.55% o nthe ore, warming

the mixture to 30°-40° C., agitating the mixture until the oleic

acid has been brought inte efficient contact with the mineral and has

formed a froth with the finer mineral, distributing the mixture on

the surface of a current of water running over columns of water, «0

that the coarcer minerale and sands, the finer sands and the

1S ogancne slimes snecesively deposit out while the froth ix

flonted away by the current, filtering off the froth and remov-

ing the oleic acid therefrom by treatment with an alkali and sepa-

rating the coarrer mineral from the sands by expos-

Nov, 20/05, oe alternately to air and water [on a shaking

table. ]*

[Matter enclosed between rules erased in copy.]

In textimony whereof we have signed our names to this Specifica-

tion in the presence of two subscribing witnesses,

HENRY LIVINGSTONE SULMAN,

HUGH FITZALIS KIRKPATRICK-PICARD.

JOUN BALLOT.

Two Witnesses:

GEO. J.B. FRANKLIN,

T. J. OSMAN,

[* Words and figures enclosed tn brackets erased in copy.]

ea

1164 HUTTE 4 SUPR, MNO. CO. VS. MIN. SEP., LTD., ET AL.

1987 Oath.

See Oath Filed Apr. 17/06.

Loxpos,

England, =:

Henry | ivingstone Sulman, Hugh Fitzalis Kirkpatrick-Picard and

Jobn Ballot, the above named petitioners, being duly sworn, depose

and say that they are «ubjeets of the King of England and residents

of London in England, and that they verily believe themselves to

be the original, first, and joint inventors of the “mprevement« in

“Ore Concentration,” described and claimed in the annexed Specifi-

cation; that they de not know and do not believe that the same was

ever known or used before their invention or discovery thereof; or

patented or described in any printed publication in any country be-

fore their invention or discovery thereof, or more than two years

ed to this application: or patented in any country foreign to the

‘nited States on an application filed more than twelve months be-

fore this application ; or in public use or on sale in the United States

for more than two years prior to this application; and that no appli-

cation for patent on said improvements has been filed by them or

their representatives or assigns in any country foreign to the United

States, exeept as follows: Great Britain No, 7808, dated 12th April,

1905, and Australia,

HENRY LIVINGSTONE SULMAN,

HUGH FITZALIS KIRKPATRICK-PICARD.

JOHN BALLOT.

Sworn to and subscribed before me this 17 day of May, 1905, by

all three Deponents.

[ NOTARIAL SRAL. | G. F. WARREN,

Notary Public.

| Revenue Stamp. |

1988 Consulate-General of the United States of America for Great

Britain & Ireland at London,

I, Richard Westacott, Vice and Deputy Consul-General of the

United States of America at London, Fngland do hereby make

known and certify to all whom it may concern that George Frederick

Warren, who hath signed the annexed Certificate, is a Notary Public,

duly admitted and sworn and practising in the city of London,

aforesaid, and that to all acts by him so done full faith and credit

are and ought to be given in Judicature and thereout.

In Testimony Whereof, T have hereunto set my hand and affixed

my Seal of Office at London aforesaid, this Nineteenth day of May

in the vear of our Lord One Thousand Nine Hundred and five.

[CONSULAR SEAL. | ’

Vice and Deputy Consul-General.

BUTTE & SUPR. MNG,. CO. VS. MIN. SEP., LTD., ET AL. 1165

1989 2-260,

Div. 25, Room 315.

Address only “The Commissioner of Patents, Washington, D, C.”

Paper No. 1.

All communications re<pecting this application should give the

serial number, date of filing, and title of invention.

M. E. C.

Department of the Interior,

United States Patent Office,

Washington, D. C., August 9, 1905,

Mailed hive ae

Sulman, Kirkpatrick-Picard, and Ballot, care Knight Bros., City:

Please find below a communication from the Examiner in charge

of your application, 262,889, filed May 29, 1905, for Ore Con-

centration,

F. I. ALLEN,

Commissioner of Patents,

Date is required as to the Australian application referred to in the

oath; such data should be supported by affidavit. The filing date

of the application referred to in line 6, page 5 should be inserted.

The jetting means (last two lines, page 5) are required to be il-

lustrated, as is also the apparatus for the alternative procedure de-

scribed in the second paragraph of page 7, as well as the

1990 shaking table form recited in claim 9, The particular ap-

paratus should not be made an essential of a process claim

such as the 9th.

LEWIS B. WYNNE,

Examiner, Division NN V.

T. F. MITCHELL.

der oR Ae: Ferehw: err. an = - = =

ee |

1166 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

Patent Office,

Nov. 20, 1905,

Division XNNYV.

Serial No, 262,889, Paper No. 2

Amendment.

Inventors: Sulman, Picard and Ballot. Invention: Ore Concen-

tration. Filed May 29, 1905, Serial No, 262,889.

Hon. Commissioner of Patents.

Sir: The above named application is hereby amended as follows:

The Australian application was not filed at the time of filing of

this application,

Page 5, to the end of line 6, add “filed February 20, 1905.”

Page 6, to the end of line 1, add

—uas illustrated in our previous application above referred to—.

It is thought that the requirement as to the showing of the jetting

means should be waived in view of this amendment,

1991 An additional drawing will be filed showing the alternative

procedure deser'bed on page 7.

Claim 9, lines 17 ard 18, cancel “on a shaking table.”

Respectfully submitted,

KNIGHT BROS., Attorneys.

Washington, D. C., November 18, 1905.

P

2-260.

Div. 25, Room 315.

Address only “The Commissioner of Patenis, Washington, D. C.”

Paper No. 3.

All communications respecting this application should give the

serial number, date of filing, and title of invention.

M. E. C.

Department of the Interior,

United States Patent Office,

Washington, D. C., November 23, 1905.

Mailed r

Sulman, Kirkpatrick-Picard, and Ballot, care Knight Bros., City:

Please find below a communication from the Examiner in charge

of your application, #262,889, filed May 29, 1905, for Ore Concen-

tration. F. I. ALLEN,

Commissioner of Patents.

_s

FEO ER SLT ET I NC En Se NONE SR

BUTTE & 8UPR, MNG. CO. V8. MIN. SEP., LTD., ET AL. 1167

Case as amended November 20, 1905, further considered.

12 The amendment inserted at the end of line 1, page 6, is

nothing more than a reference to another application for

details which should appear in this case. Such reference is not

permissible. Illustration of the jetting means will therefore be in-

sisted upon. It is required that the expression “water containing

les than 1 per cent. of sulphuric acid” be replaced by one more

definite in such claims as contain the expression. It may mean

water without a trace of sulphuric acid. It is suggested that “water

containing a fraction of 1 per cent. of sulphuric acid” be substituted.

The drawing should be filed at once. A complete response to an

action dealing with formal matters must include response to every

item.

LEWIS B. WYNNE,

Examiner, Division XXV.

T. F. MITCHELL.

1993 Appleation Room, Patent Office,

Apr. 17, 1906, Apr. 18, 1906,

U.S. Patent Office. Division XNV,

Amend't and Oath.

Serial No. 262,889, Paper No. 4.

Room No. 315,

Lmendment.

Inventors: Sulman, Kirkpatrick-Pieard & Ballot. Invention: Ore

Concentration. Filed May 20, 1905. Ser. No. 262,889,

I¥on. Commissioner of Patents.

Sir: The above-named application is hereby amended as follows :—

A new oath is filed herewith.

The Examiner will kindly place “Fig. 1° on the original sheet.

Add the sheet of drawing filed herewith.

Referring to the original specifieation, on page 5, cancel lines 13,

14 and 15 and insert the following:

A. “Tn the accompanying drawings,

“Figure 1 is a diagram in perspective illustrating one form

of apparatus suitable for carrying this invention into practice,

and,

“Figure 2 represents is perspective an apparatus for carry-

ing out a secondary step in the process.”

1994 Page 5, line 16, change “A mixing” to Referring to Fig. 1

a mixing

Page 7, line 19, after “before” insert

veined SAREE SEAL AERO I SRMASIE LAPS AE OR ANE PRN i

1168 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

A." This idea is not claimed broadly in this case but forms the

subject matter of an application filed by us on January 9

1906, Ser, No, 295,326,

,

On page 7 of the original specification, three lines from the bot-

tom, add:

m, Referring to Fig. 2, a mixing vessel a (of which there may

be reveral) in series) is provided with a rotatable stirer /,

Crushed ore or similar finely divided mineral is fed into the

vessel a. A pipe ¢ controlled by a tap c’ delivers circuit water

to the vessel and in cases where oil is used, the oil is intro-

duced through the pipe d in quantity sufficient to produce a

thin coating of oil on these mineral particles for which oil

has an affinity.

The pulp mixed with oil escapes over the lip of the dis-

charge conduit a’ and passes through the pipe a? to a pump e.

Hence the pulp is pumped through discharge pipe ¢’ into the

closed chamber f which is constructed to withstand a con-

siderable internal pressure and is provided with a safety

valve f’, the pressure gauge f?, and a gauge glass f* to indicate

the level of the pulp in the chamber. An outlet pipe g hav-

ing a cock g’ leads to a series of spitzkasten / filled with

cireuit water.

The operation is as follows:

The cock g’ is closed; pulp is pumped into the cham-

1995 ber f which contains air or other gas and the pumping

is continued until the pressure in the chamber rises to,

say, 00 to 100 Tbs, per square inch. The pressure is sufficient

to cause the air or other gas to be dissolved to a considerable

extent in the pulp. After the lapse of a few minutes for the

due solution of the compressed air or a portion of it by the

pulp or the liquid, the cock g’ is opened and the pulp is dis-

charged into the open spitzkasten h where the liquid is of

course under atmospheric pressure. The pump ¢ may be

during

Apr. 24/06, stopped , [furing]* this discharge.

The whole of the mineral to which air hub-

bles are attached, say the oiled, mineral, at once rises to the

surface as a coherent scum or froth. A surface current of

water is maintained in the spitzkasten and the floating ma-

terial is thus removed and separated from the gangue which

remains sunk or suspended in the liquid.”

Not entd. Corrected Apr. 24/06.

+ Page 5, cancel from and including “may” line 3, to and in-

cluding “maximum” page 6, line 1.

Also cancel the insert at the end of line 1, page 6.

Claims 6, 7 and 8, line 3, change “‘less than”’ to a fraction of

{*Words and figures enclosed in brackets erased in copy.]

BUTTE & SUPR. MNG. CO. VS. MIN, SEP., LTD., ET AL. 1169

Cancel claim 9.

Insert the following claims:

AS.

9. The process of concentrating powdered ores which con-

sists In separating the mineral from the gangue by coating

the mineral with oil in water containing a small quantity of

oil, agitating the mixture to form a froth, and separating the

froth.

1996 10. The process of concentrating powdered ores

which consists in separating the mineral from the

gangue by coating the mineral with oil in water containing

a small quantity of oil, warming the mixture, agitating the

mixture to form a froth, and separating the froth.

11. The process of concentrating powdered ores, which con-

vists in separating the mineral from the gangue by eoating

the mineral with oil in water containing a small quantity of

oil, and a quantity of acid insufficient to cause chemical ac-

tion on the metalliferous minerals present, agitating the mix-

ture to form a froth, and separating the froth.

Canceled June 29/06.

12. The process of concentrating powdered ore which con-

sists In separating the minerals from gangue by coating the

mineral with oi] in water containing a fraction of 167 of o/]

on the ore, and recovering the oil coated minerals.

(Matter enclosed between ruiss erased in copy.]

12. [12.]* The process of concentrating powdered ore

which consists in separating the minerals from gangue by

coating the minerals with oil in water containing a fraction

of 1% of oil on the ore, agitating the mixture to cause the

oil coated mineral to form a froth, and separating the froth

from the remainder of the mixture.

Canceled June 15/06.

14. The herein described process of concentrating ores

which consists in mixing powdered ores with water, adding a

small proportion of oily liquid having a preferential affinity

for metalliferous matter, (amounting to a fraction of

1997 1% on the ore) agitating the mixture until part of

the oil-coated mineral matter forms into a froth, re-

moving the froth, subjecting the remaining pulp to the

action of a compressed gas in a closed chamber, and there-

after relieving the pressure whereby gaseous bubbles are

liberated in the pulp and raise the oil-coated mineral particles

to the surface.

{Matter enclosed between rules erased in copy.]

(*Words and figures enclosed in brackets erased in copy.]

74—Ree.

1170 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL.

Insert B, Apr. 24/06.

Respectfully submitted,

KNIGHT BROS., Attorneys.

Wash. D. C., April 14, 1906.

.

KINGDOM OF GREAT BRITAIN AND IRELAND,

City of London, England, ss:

Henry Livingstone Sulman, Hugh Fitzalis Kirkpatrick-Picard, &

John Ballot, being sworn, depose and say that they are subjects of

the King of England, and residents of London, E ngland, that they

verily Telieve themselves to be the original, first and joint inventors

of the improvement in Ore Concentration described and claimed in

the application filed May 29, 1905, Ser. No, 262,889,” that they do

not know and do not believe that the same was ever known or used

before their invention or discovery thereof, or patented or described

in any printed publication in any country before their invention or

discovery, or more than two years prior to this application, or pat-

_ented in any country foreign to the United States on an appli-

1998 cation filed more than twelve months before this application,

or in public use or on sale in the United States for more than

two years prior to this application ; and that no application for patent

on said i improvement has been filed by them or their representatives

or assigns in any country foreign to the United States, except as

follows:

Great Britain, April 12th, 1905, under No. 7803.

HENRY LIVINGSTONE SULMAN.

HUGH FITZALIS KIRKPATRICK-

PICARD.

JOHN BALLOT.

Sworn to and subscribed before me this 3rd day of January, 1906.

[ CONSULAR SEAL. ] RICHARD WESTACOTT,

Vice and Deputy Consul-General of the

United States of America at London, England.

1999 2-260.

Div. 25, Room 315.

Address only “The Commissioner of Patents, Washington, D. C.”

Paper No. 5.

All communications respecting this application should give the

serial number, date of filing, and title of invention.

BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1171

M. E. C.

Department of the Interior,

United States Patent Office,

Washington, D. C., April 20, 1906.

Mailed seins i

Sulman, Kirkpatrick-Picard, and Ballot, care Knight Bros., City:

Please find below a communication from the Examiner in charge

of your application, 262,889, filed May 29, 1905, for Ore Con-

centration.

F, I. ALLEN,

Commissioner of Patents.

Case amended April 17, 1906, further considered.

“Furing,” last line, page 2 of the amendatory paper should be

corrected. The data as to the cancellation directed on page 5 are

incorrect ; said amendment cannot be made until corrected data are

furnished.

2000 In presenting claim 14, applicants make a change of elec-

tion in shifting from the shaking-table step of original claim 9

to the air compression and flotation step. This change is made

after the case has been twice acted on by the office, and is too late.

Said claim 14 is required to be canceled. Applicants may, if they

so desire, restore original claim 9.

LEWIS B. WYNNE,

Examiner, Div. XXV.

T. F. MITCHELL.

Application Room, Patent Office,

Apr. 24, 1906, Apr. 25, 1906,

U. S. Patent Office. Division XXV.

Serial No, 262,889, Paper No. 6.

Amendment.

Room No, 315.

Inventors: Sulman, Picard & Ballot. Invention: Ore Concentra-

tion. Filed May 29, 1905. Serial No. 262,889.

Hon. Commissioner of Patents.

Sir: The above named application is hereby amended as follows:

In the amendment filed April 17th, page 2, last line, change

“furing” to during.

Page 5, cancel matter beginning “and may” line 29 and ending

page 6, line 1, with “maximum.”

opr PRC PATIO AE DUA NIV TIE EEE SR PELE SIOIL LOML SMELA LR R

r°

1172 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. ;

Insert the following claims—

B. 2001 13 [14 15].* The herein described process of con-

centrating ores which consists in finely powdering

the ore, mixing it with water containing less than 1% of

sulphuric acid, adding sufficient oleic soap solution to produce

oleic acid amounting to 0.02-0.5% on the ore, warming the

mixture to 30°-40° C., agitating the mixture until the oleic

acid has been brought into efficient contact with the mineral,

and has formed a froth with the finer mineral, distributing

the mixture on the surface of a current of water running

over columns of water, so that the coarser minerals and

sands, the finer sands and the gangue slimes successively

deposit out while the froth is floated away by the current,

filtering off the froth and removing the oleic acid therefrom

by treatment with an alkali and separating the coarser min-

eral from the sands by exposing them alternately to air and

water.

We think the Examiner will upon reconsideration not hold that

claims 14 and 15 are alternative.

Beginning page 6, line 15, applicant states that the material of

the first spitzkasten is treated on the shaking table, while in lines 12

et seq., page 7, he states that the material of the second and third

spitzkasten is treated by the process set forth in claim 14. It will

thus be seen that the two steps may be employed together and,

therefore, are not alternative.

Respectfully submitted,

KNIGHT BROS.,

Attorneys.

Washington, D. C., April 23, 1906.

.

2002 2-260.

Div. 25, Room 315.

Address only “The Commissioner of Patents, Washington, D. C.”

Paper No. 7.

All communications respecting this application should give the

serial number, date of filing and title of invention.

{*Words and figures enclosed in brackets erased in copy.]

BUTTE & SUPR. MNG. CO. V8. MIN. SEP., LTD., ET AL. 1175

M. E. C.

Department of the Interior,

United States Patent Office,

Washington, D, C., April 26, 1906.

Mailed ie saa

Sulman, Kirkpatrick-Picard, and Ballot, care Knight Bros., City:

Please find below a communication from the Examiner in charge

of your application, #262,889, filed May 29, 1905, for Ore Con-

centration,

F, I. ALLEN,

Commissioner of Patents.

Case as amended April 24, 1906, further considered.

Applicants are again and finally required to cancel claim 14,

Applicants specifically state that the method thereof is alternative

with that covered by claim 15, and the fact that one may be substi-

tuted for the other for the treatment of part does not make

2003 them any the less alt

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