Union Oil Co. of California v. American Bitumuls Co.

WILBUR, Circuit Judge.

This is an appeal from an interlocutory decree holding valid and infringed the two claims of patent No. 1,643,675 issued September 27, 1927, to John Alexander Mont-gomerie and ordering an accounting.

This patent covers a process for manufacturing a stable emulsion of asphalt. As the patent states, a process was known for preparing an aqueous bituminous emulsion. This old process required the addition of a small proportion of fatty acid or resin oil and then adding with agitation a dilute solution of caustic soda, or caustic potash, or sodium or potassium carbonate, at a…