The Federal Reporter with Key-Number Annotations, Volume 281: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, September-October, 1922. Page: 64
xvi, 1023 p. ; 23 cm.View a full description of this legislative document.
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281 FEDERAL REPORTER
for the purpose of recording sound vibrations, and a helica.g opve of even
depth containing sinuosities representing sound waves produ' by the move-
ment of the diaphragp and stylus is engraved upon the plt or dibk."
'We think it evident that this was a cutting-out process within the
meaning of the art and the words used in the Johnson spcifiation and
claims. ' ' '
The Jones patent seems to disclose the same process asjte patent in
suit and to include the process for making a sound record, cut out of
a wax tablet described in claims 6 and 8 in issue. 'Indeed, Johnsonhim-
sclf admitted in a former litigation that he could see no' difference be-
tween the Jones process and his. Judge 'Mayer held in Ame'ridai Graph-
ophone Co. v. Emerson Phonograph Co. (D. C) 255 Fed.'574, that the
patent in suit did not anticipate the Jones patent.
It is a'significant fact that Johnson controlled the Universal Talking
Machine Manufacturing Company, which was'the defendatit in the suit
of American Graphophone Co. v. Universal Talking ,Machine Manur,
facturing Co., 151 Fed. 595, 81 C. C. A.. 139, brought for infringement
of the Jones patent, and that it was never contended in that case that
the invention of the patent in suit was prior art or anticipatdd the Jones
patent. It was not, until after the Jones patent was sustained by this
court in the litigation last mentioned that Johnson attempted in his,'di-
visional application to xpahd his claims by employing the words "cut-
ting out and retgpving thi material forming the record' grboie," and
we think that the fact that such a method was'disclqsgd by,4ie Jones
process cannot be reasonably doubted. -Anything that remained to be
done to perfect the mechanism commercially was a matter of shop prac-
tie which skilled operatives could work out by careful experiments,
and was not developed beyond the, disclure of the Jones, patent by
any improvement which Johnson has set forth. .It is not uncommon for
inventors to seek to interpret an old application in such a way as to
cover an expanding art;'but it is legally of no avail. Ateriian Grapho-
phone Co. v. Emerson, Phonograph Co. (D. C.) 255 Fed. 574.
In the Edison British patent to Couraud, No. 15,206, 1891, the speci-
fication says, at page 4:
"The recording surface of the phonogram blank Is ordinarily made i9f wax
or wax-like material, and it might be supposed that a steel; tool of the beat
quality would be satisfactory for employment in connection with spji a
comparatively soft substance. It has, however, been found that such tools are
liable to become rough. This is partly due to 'the chemical tection of acid' or
other substances present in the wa; or wax-like composition, of which the
phonogrm blank is made, an4 partly to the dulling and r#ll being acioh of
the fine parti,c!es of silic, or other had material Wtlich gt ccidentally 'mlxed
with the wax during its manufacture into a bliiik,'or whic'l618g oh the
surface of the blank itself. After many trials, it has been discovered that sap-
pbires and similar jewels act in'the most effective mann6i 6fl"the 'ax' or
wax-like phonogram blank, since the'acids thereof do not attaekthem; they
do not rust; and thby are able to withstand the d4lling.,ctioq, of tb hard
particles pf 'silica or other substances.
"A jewel-cutting tool suitable for thhe recorder may be in' }he shdpe, of 'a
cylinder, the oiter end befhg hdllowed out; this 'leaving- ar' drvel sharp 'edge
for cutting.the surface: ef the blank, This particular form is, hewevr, not
essential. It is mounted in a spoket ir sleeve at one,end of :pigoteid lev r, the
opposite end of which:is ,conppeted to, the diaphragm, * * ,
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The Federal Reporter with Key-Number Annotations, Volume 281: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, September-October, 1922., legislative document, 1922; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38852/m1/80/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.