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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