# Transcript of Record — DeForest Radio Co. v. General Elec. Co.

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Transcript of Record
- **Published:** January 1, 1931
- **Citation:** 283 U.S. 664

## Text

e
vol 1 te

_ TRANSCRIP OF RECORD. 1

—

et

Supreme ( Couns of 50 United States

orca en an, .

955 ree ee . ; : : 1 : 9 *. i 55. Ne
DeFOREST RADIO COMPANY, PETITIONER,
1 Vs. Wes N iu

GENERAL ELECTRIC COMPANY —

ON WRIT OF CERTIORARI TO THE UNITED STATES crRcurr | 2
1 COURT e APPEALS WOR SEN EMER EEN Ore, ‘

N

*

.
5 ee e ee ue

ae Es S2) ee

‘INDEX.

aN 1 ptEapinas AND*TESTIMONY. e
4 Docket Entries in ue $89... i ee
Docket Entries in No. 58 e ‘Tuite has Oy
Dim of Complaint in No. 589 .. SR e FFV *
® Answer as Amended in No. 8 e 1 0
eiendant's Bill of WWoicularr O ·· . ECM /
_ Defendant's Supplemental Bill of Particulars ....... r weaver I 2. :
im of Complaint in No. 59 . e 1.
5 Answer as Amended in No. 598 m.. 2 „eee wena I. D 8
o ˙7˙òÜĩ qĩ§ ae e le hae 5
r ET 1 138.
i _ Plaintiff's Prima Facie Proofs ............ ö ꝶ³＋3＋0*ã-„„33* I 335
Defendantes Proofs ...... 3 eee 1. 08
Deſendant's De positions „„ A. dee Il 959
"Plaintiff's Rebuttal Pro eee i
Deſendant a Sur-Rebuttal Proo ts cata ‘III. 1789. *
| Plaintiff's Sur-Rebuttal Prob H „ e e III 1910
Anpendix to Plaintiff's Re cori e e III 1940 sa
“Opinion of the Court . r III 10.3 ‘
Gabberee in No: od e III 18111
Plaintiff's Petition for Appeal in No. 589 ùũ0 e . III 19822
Order Allowing Appell SS skate vows cehaneg III i983
intiff’s Assignments’ of Error in No. 8mũ- III 1984
tion on Plaintiff's Appeal in No. 589 ...... e ( ee III 1985
tion as to Transerjpt in No. 588d III 1987
Order Approving Stipulation e 12 e ar . TH 1988
Decree’ in No. 8993 75 45265 „ TIL 196
Plaintiff's Petition tor Appeal in No. 598 gine oaks 8ue tenes Anka „
* eee, „„ . eee
Maintiff’s Assignments-of Error in No. 5 . . III 1993
ion on Plaintiff's Appeal in No. 598 ........ Wee Perr
Yefendant’s Petition for Appeal in No, $98 . at «seeker e
Order Allowing Appell. ©, spas Spee bi dy cates NN ie
ndant’s n No. 598 (on ec ee
tion on Defendant's Appeal in No. 598 ꝶ 99 III 6999
tion as to Transcript in No. 5 pada sek wives TIT 200
Order Approving Stipulation ........./........0005 „ III 2001 J
's Certißeatte e III. 2002 4
4 0 *

_, __ INDEX—Continued. res ee

PLAINTIFE'S PRIMA 1 FACIE PROOFS. - ee ae
e John V. 8 e 3 res Vol. Page 4
Direct Examination ....’....... 55 1 39:
Cross- Examination ene C ˙· béaws 11 94
Re- Direct Examination E 5 5 7 4 f 1 126

Re- Cross- Examination „ „l e 1 135
nen e.. N —2—9—5VTk̃ N “at I 144

—

eee "DEFENDANTS PROOFS. 7 a

Direct Examination . 8 Be 1.665
„Cross- Examination r * 1 628
Re Direct Examination Ne esos . * Il 746
_ Re-Cross-Examination ....... 9 o 11 765
on Re-Direct Examination eee Need eee ** 7
Re- Cross- Examination . r Il 785
b.. Ralph R— 75 ; ms n

Direct Examington . ... . . . b etüe, II 1016
. l II 102
deen Lacken eee. 4 ae A ae
_ Cross-Examination . FF 1

eee es fa aaa me

4 Direct Efamination 8 II 802

15 + Direct Eramination ...... . . . . . . II 1005

* ee eee ee eee II

i eee, II

‘

“Hyde, Ralph -- piel Voi. Page
Direct Examination bee eee 9.324
Cross- Examination 79＋59ꝙ＋22 eee e ee 998
Re- Direct Examinagion ..... 5 ede e e ee
Re- Cross- Examination . de: „ „ „ II 1004
Jewett, Frank B— — 55 ; ; ee. * a
Direct Examination l i th 80
cross-Examiua tion VVV dee,
aT MIMO: ᷑ ̃m . c ovicecdesobvewe chet: 1. 436
Re-Cross-Examinatiorn e 14
Kelly; Marvin 9 -; ee Ss
Direct-Examination ........ 5 8 . „„ 2H
Cross- Examination. 5, . S renne II. 857
Re-Direct Examinatile ee e e RES
Lamc it, G. E. . 15 ’ 1 .
„Direct Examination e * e II 1025
Direct Examination (Resumed) ...........°: Rand II 1065
Cross- Examination . Wenn 3 2 . II 1067
Re- Direct Examination eee eal tut ane
"Mittixan, Rober! A.— „„ W
Direct Examihatiooꝶnmn e in 1 440
Crose- Examination e I 450
Re- Direct Examination’ ............ N seaviabedn e G le
Direct Examination N II 61057
Sarnoff, David (Stipulated Testimony) . e „ III 1446
Lek Austin Y—. . Derren vs WN tek) i
Direct Examination MMA FFC
; Woterman, Frank N. (Stipulated rea . e . TIT 1486
Watkins, James O— oy
Direct Examination 4 Mb ovine’ ele K % II 1083
Cross- Examination 8 3* “é »“m» 2 . II 1055
Re- Direct Examination W eee; II 1055
PLAINTIFF'S REBUTTAL PROOFS
Alexanderson, Ernst F. W.— 1 . | oe
Py 0 Examination „%%% Laney co mag III 1
Cross-Examination ise Sh e eee eee III 1
Deer Examination ....4.,.00 . be in
%% ͤ „ b c 111 1832
* „ ( 0 f
7 5
” od b 1
Oe N

n a be mag
‘Hogan, John V. I. - f Vol. Page
Direct Examinadtocn eee II 1583
Cross-Examinatickrtn e eee eee 111 1639
Direct Examination (Resumed ) n III 165,
Direct Examination (Resumed) ....:........ enn
Cross-Examination Wen — 5 4 4 1 „ „-U
Lene ee : eee:
NE NE mme li 1079
" Cross-Examination © ..........\se00es e avers 1 „ IE 1299
- Re-Direct Examination 2 N 111 166
Re-Cross-Exatni nation e 8 111 1
White, William C.— ;
Direct Examination ............ R III 1467
S b e ee 6 a II 1490,
: DEFENDANT'S SUR-REBUTTAL PROOFS,
Arnold, Harold D. (Recalied)— —
‘Direct Examination SENN EM rep TRON Ro 4a III i
Cross-Examination, ..... 855 Tee en III 1878
Becker, Joseph A.— ‘
wee hne 1 1789
Cross-Examiination, zz PT ere III 1824
Re-Direct Examination n III. 1847
Re- Cross-Examinatioctrn „e des eee III. 1847
Folk, George E.— . 8
Direct. Examinatioor nn 5 % %j, 6444144 .. III 1882
Cross- Examina tion ee en nne ere III 162
Re-Direct ists saat III 1807
Hunter, Frederick L.— P
Direct Examination „Nee eee. en III 1993
r bbb e ne III. 1006
Re-Direct Examination ———— —2—[ ( . . III 190
RNe-Crose Examination lan „ III 197
Direct . ee N . III 166
ba ca ‘PLAINTIF’S SUR-REBUTTAL PROOFS. *
Direct Examination ........ NPE e III 1910
r e ebe ede u III 10
Langmuir, Irving 8 40 N Be
Direct Examination ...........- „% T
1 1
i : 1

“Opinion of Court of Appeals, District of Ch.
bia, in Langmuir v. ‘Amold, dated June 1, 1928. II 935

4 _PLAINTIFF’S EXHIBITS.
e | GENERAL INDEX. |
Ex 3 Admitted Printed,
No. Vol. Page Vol. Page
1. Langmuir U. — 1588436, Oct. 20; 1905. I a
2. Langmuir U. S. Patent No. 1,244,216, Oct. 23, 1017. Is 36 V 11
3. Langmuir U. S. Patent No. 1,244,217, Oct. 23, 1917. 1 36 IV 16
4. Langmuir U. S. Patent No. 17829, 597, Mar. 10, 1928. 1 36 IV 20
5. DeForest Type H Rectifier Tube Pigs cg N 1 51 — —
6. DeForest Type H Audion Tube .................. 1. - =
7. DeForest DV s Vacuum Tube . e 131 — =
8. Le Forest DVS Vacuum Tube sae ah 1 81 — —
SA. Data sheet accompanying DeForest DV 5 Vacuum 7
\ P 8 „ 7 hn, ae aa
9. De ſendants Circular . ee ties: Wa teonesine Si IV 28
10. Defendant’s Leaſet Stina: BARRA eee I.. 1 a ee
u. Hogan Fig. 1; Diagram bi Two Electrode Tube. ern
12. Hogan Fig. 2, Diagramsof Three electrode tube. 1 52 IV. 32
13, Hogan Table I showing Power of Numbers 5 r ht ewe
4. Chart A of Table I, Simple Powers of Men 3 N
bers, Arithmptie Pahe r I 0 l 34
15. Hogan Chart B of Table 1, Simple Powers of Non. 1 — 5 5
bers, Logarithmic Paper 1 70 IV 35
16. Plaintiff's UV 199 Tube ** 192 —
16-A. Data sheet @nclosed with UV 199 tube. I 92 ly 36
. Plaintiff's UX 201A Tube. . ae al.
17-A, Data sheet enclosed with UX 201A Tube I 93-IV 37
18 Hoga} Drawing illustrating Plff.’s UX 201A tube... 1 94: IV 38
13. Hogan Drawing illustrating Defendant's DV 5 tube. I 94 IV 39
[Nos. 20 to 161, incl. Langmuir Exhibits in Interfert ;, or
_ ence Record and not reprinted. Ser Separate In- ö NN

PLAINTIFE'S EXHIBITS—GENERAL INDEX.—Continued,

VV ee „ Admitted Printed
ER a a 1 Vol. 98985 Vol. Page
i de, Yama pot of vile late and eri ait e. „„
aise rent audion No. ..0....0...ccesseeees . ap 1198 IV 2
167. Langmuir explanatory’ en j —b
9168. Langmuir explanatory diagram K revere eds . Ak Ma
168-K. Langmuir explanatory diagram Al ............... II 1267 IV 51
1 68-B. Langmuir explanatory diagram . II 1267 IV 52
5 168-C. Langmuir explanatory diagram Bi R FFF 53
' 168-D. Langmuir explanatory diagram D „„ Ae daa Ie. Ge
638-E. Langmuir explanatory. diagram E II 1267 IV 55
168-F. Langmuir explanatory diagram F . II 1267 IV 56
169. Letter from Alexanderson to Patent Department * ö g
General Electric Co., February . III 1452 IV 37
170. Eile wrapper and contents Arnold U. 8. — No. a 3
13'297, 309, March 18, 1999 ee, ee
171. White notebook No. 462 (certain pages only) III 1468 IV 279i
122. Wnite test records (Card & 7 sheets) III 14% IV 108
; 173. 2 White report on relaying of high frequency currents anions
by means of improved audions ................... III 1483 IV 115
17, TCooclidge notebook No. 3277 6 . III 1506 IV 121
n Coolidge notebook No. 446, extract from III 1518 IV 128
176. Hogan diagram of vapor pressures of sodium. III 1612 IV 19
17. DeForest Bulletin B-14 of 1914 N III 1682 IV 10
118. DeForest Bulletin B-18 of he „ III 1632 IV. 134
179. DeForest Bulletin C-16 of 1910. III 1633 IV 149
180. DeForest Catalogue nn PRET III 1633 IV 153
181. DeForest Catalogue B of 191999... . III 1633 IV 186
182. DeForest type T. audion Tube III 1633
183. Circular of Sterling Reactivato r III 1638 Ju 161
184. Hewlett sketch of circutt . 3 II 1639 IV 166
188. Letter and data sheets furnished by witness Kelly. III 1738 IV 10
186. Hogan Logarithmic plot of Audion 64.91. I 1744 IVt 17s
187. Hogan Logarithmic plot of Kelly data for tube 102 D AGI 1745 IV 176 o
* 188. Hogan Logarithmic aict of characteristic small re- 3
unt ceiving, tube-corrected for contact differential. III 1748 IV 177
1 155 Hogan plot (Anod! Current)’ 2½-Anede Vene
, Characteristics of Tre 0. beer Tube .. . III 17% IV 178
; (vi)
* oe
8 0 my
fees: = my ale 8 55
a (ice bee 5
SE Pee CRS 8

?

_

2 5

rlamerirrs EXHIBITS—GENERAL INDEX Continued, 5

E.

No.

4,

190;
9

191.
192.

193.

194.

195.

196.

197.
198, »
199.
200.

201.

189 -A. Hogan plot of “Anode Curgent—anode Hiace Char-
7 acteristics ‘of Type 1 Power Tube

Hogan logarithmic plot of plate currentplte voltage
28 UX-201A Tube (H- 20)
Logarithmic plot of Kelly’s data on 1 Tube 105.

‚GB— H 22222

lines thereon.

Hogan Logarithmic plot N Type 7510 with nitrogen. .

‘Physical Review, Vol. 26, No. 4, October, 1925,
pp. 436-435, “Probability of. Ionization of Cas
Molecules by Electron Impacts,” by e and
Van Voorhis

‚— R * *

‚—ͤ— U Uni **

. Paper No. 4, Arnold v. Langmuir Interference 40,380
Paper No. 6, Arnold v. Langmuir Inter ference 40,380

Paper No. 9, Arnold v. Langmuir N 40,380

Paper No. 10, Arnold v. Langmuir Interference 40,380 g

Paper No. 32, Arnold v. Langmuir Interference 40,380

Paper No. 85, Arnold v. Langmuir Interference 40,380

Option Agreement, Dec. 16, 1912, between Hewett
and A. T. & T. Co.

‚J—U—— nũ B ũßũ. 6666666650

201-K. Agreement A, between Hewett and A. T. & T. Co.

202.
203.
204.
205.
206.
.

210.

Hewett U. S. Patent No. 781 ,001, Jany. 31, 1908...
Hewett U. S: Patent No. 781,002, Jany. 31, 1905...
* Hewett U. S. Patent No. 749,791, Jany. 19; 1904.
Hewett’ U. S. Patent No. 749,792, Jany. 19, 1904.
Hewett U. S. Patent No. 749,793, Jany. 19, 1904.,
Hewett:U. S. Patent No. 758,650, May: 3, 100.
Hewett U. S. Patent No. 954,434, Apr. 12, 1910
Hewett U. S. Patent No. 991,304, May 2, 1911
Table of Mechanical Repeater Installatioas, 1904-
1918, in Gherardi depition © . .

— —

210-A. Table of Repeater Installations, ae Gherardi

211.

— 8

deposition
Philosophical Magazine (1912), Vol. 23 pp. 192.300,
Loniatios Produced by Carbon at High Tempera-

‚J— UU UU mœPœPœ P HHV Ww ˖˖[ĩ＋p 1um2*ãm 2 2 36666

tures,” by Pring & Parker 3 8 5

12 * ene U. Se Patent No. 954, 619, April 12. 1910.

55 ; 72 ee ae

III
— ee

III

III 1749 IV 5

III 1750 IV.

„ H 1782 ‘IV
Hogan copy of Deft’s Exhibit 54-A\ ‘with additional”

III 1755 IV.
TL, 1758 Iv |

¥ eo. ra *

Ill 1761 IV
III 1762 IV
III 1762 “IV
III 1762. IV

III 1762. IV.
IIE 1762 IV

III 1763 IV

‘IIL 1763 Iv

111 1765 IV

1763 IV

111
III
III
III

1763_.1V
1763 IV
1763 IV
111

III.

1765 IV
ORD

1766 1

1763 IV

1763 1
1763 IV"
1763 IV

” Admitted Printed
Vol. Page Vol. er

*

PLAINTIF®’S EXHIBITS—GENERAL INDEX—Continued |

“

Ex. . 5 3 . Admitted. Printdi-
A = ; Vol. Page Vol. Page
213. De Forest U. 8 Patent No. 879,832, Feby. 18, 1908 III 1766 IV 273
214. Modification of license agreement dated July 1, 1920 a 5

between General Electric Co. and A. T. & T. Co... III 1786 IV 27

TLangmuir N. S. Patent No, 1,558,437, Oct. 20, 1925. III 1820 IV 313
5 Nicolson. notebook (Not printed in full ) II 901
216-A. Certain pages · of Nicolson notebook: .............. II 501 IV 22
217. ‘DeForest U. S. Patent No, 1,201,273, Oct. 17, 1916.. III 1887 IV 328
218. Certain pages of book of O. W. Richardson entitled 0 7
“The Emission of Electricity fra Hot Bodies“. III 1891 IV 332
219A. Langmuir replot of data taken from Defendant's Bs fi

oo Bible Me: s . e un TV. "$86
219-B. Langmuir Parabolic Plots of currents taken from
. Defendant’s Exhibit No. 299 99 . III 1930 IV 359
219-C. Langmuir Parabolic plot of currents taken from 1.
Defendant's Exhibit No. W . III 1930 IV 360
220. Langmuir Logarithmic current voltage curve for dif- :
“ ferent pressures of nitrogen e . III 1831 IV 361.
° N 0 a
: ee

176.

189-A..

193.

PLAINTIFF'S EXHIBITS.

* CLASSIFIED INDEX.

Diagram an Drawings.

Hewlett sketch bi: cut . „
Hogan Fig. 1, Diagram of Two electrode Tube

Hogan Fig. 2, Diagram of Three electrode Tube
Hogan Table I showing Power of Numbers.

Hogan Chart A of Table I, Simple Powers ¢ of Num-

bers, Arithmetic Pwper .......... 8 i

Hogan Chart B of Table I, Simple Powers of Num-
bers, Logarithmic 1 T

Hogan Drawing illustrating Piff.’s UX 201A tube..

Hogan Drawing illustrating Defendant’s DV 5 tube..

Hogan diagram of vapor pressures of sodium

Hogan Logarithmic plot of Audion 64-9 11.
Hogan Logaritiimic plot of Kelly data for tube 102-D
Hogan Logarithmic -plot of characteristics of small

receiving tube corrected for contact differential.

Hogan plot (Anode Current) .2/3—Anode Voltage’

Characteristics of Type G Power Tube

Admitted

Printed

Vol. Page Vol. Page

III

1

I
III
Ill
III

All

III

Hogan plot of Anode current—anode voltage Charac- .

teristics of Type G Power Tube ....... .
Hogan logarithmic plot of plate current—plate -volt-

gage of UX. 201A Tube (H- 2) N
Hogan copy of Deft.’s Exhibit 5A. with additional
) d Gn kapecen Aaben ee

Hogan Logarithmic plot of Type 7510 with’ nitrogen.

„ Logarithmié plot of Kelly’s data on Tube 10s
5 ‘Langmuir explanatory diagram fer ere re re
. LangYhuir 2/3 power plot diagram eee e
. Langmuir 3/2 power plot diagram „„

Langsauir plot of volts on plate and grid: agains

rent audion No. 3 cert baka ks
! Angmuir explanatory diagram V

ö 6

HII

III

III
III
III
II
II

1639
52
52

IV 165...
IV 31
IV 32
IV |

6 IV „„

1748
1749

1749
Stes J

1750

1755
1758

1752

1126

1195
1195

1198
1260

V 35
iv 386

‘IV ‘9

IV. 129
W 128
IV 16

8 | ;

y n
w 178
IV 7
IV 180
IV. 182
IV 163
IV 181

IV 45
IV 4

IV 47

IV 48
W 49

| 2

_ PLAINTIFF’s EXHIBITS—CLASSIFIED INDEX—Continued.

et. 0 ; n Admitted Printed
8 . > Vol. Page Vol. Page
168. Langmuir explanatory diagtam Beh ec vies „ 1 F 1267 IV 80
168-A. Langmuir explanatory diagram A! ..... Sb 4 AO: I. 1267 IV S1
168-B. Langmuir explanatory diagram , H AV. 8
. eee explanatory B ³·*wmꝗwmĩ „ 19 1267 IV *
168-D. Langmuir explanatory diagram )))) I 1267 IV
168-E. Langmuir explanatory Diagtgm E Ser ee II 1267 IV 55
168-F. Langmuir explanatory diagram FFF: II 1267 IV 36
219 A. Langmuir replot of data taken from Defendant’s Ex- .
.. i ie BOB Si ccc V III 1930 IV. 358
21948. Langmuir Parabolic Plots of currents taken from De- ap 7
fendant’s Exhibit No. 299 III 1930 IV 359
219.-C. Langmuir Parabolic plot of currents taken fron De- * i
fſendant's Exhibit No. 29?7ù̃ sees ‘III 1930 IV 360
5 220. Langmuir Logarithmic current voltage one te «. GG:
| different pressures Of nitrogen „ III 1931 IV 361
i : ° Documentary, Miscellaneous. :
201-A. Agreement A, between Hewett and A. T. & T. Co. III 1763 IV 214
183. Circular of Sterling Reactivato r III 1638 IV 161
8. A. Data sheet accompanying DeForest DV 5 Vacuum tube I 93 IV 27
16-A. Data sheet enclosed with UV 199 tube ee ee ie
17-A. Data sheet ‘enclosed, with UX. 201A - ere = ae
—-9.— Defendant's: Circular . Se RW SS
10. Defendant's Leaflet ....... „ e 1 2 5 51 IV. 29
177. DeForest Bulletin B-14 of 1914 r III 1632 IV 130
“178. DeForest Bulletin: B-15 of -1915 ............ N III 1632 IV, 134
179. DeForest Bulletin C-16 of 1910 3 . III 1633 IV 19
180. DeForest Catalogue L.....:....... 5 19 % IEE 1633 TV 163

181. “DeForest Catalogue B of 1919 II 1633 IV 156
169. Letter from Alexanderson to Patent Department, Gen- „
eeral Electric Co., February 5, 1912 III 1452 IV 7
188. Letter and data sheets furnished by Witness Kelly. . III 1738 IV 1670
214. Modification of license agreement dated July 1, 1920 ee *
between General Electric Co. and A. T. & T. Co.. III 1786 IV 277

162. Opinion f Court of Appeals, District. of Columbia, ae

| in Langmuir v. Arnold, dated June 1, 1925. u 35 W A
. . „%%

PLAINTIFF'S EXHIBITS—CLASSIFIED INI X—Continued. A

“Option ~Agreement, Dec. 16, 1912, between Hewett’

and A. T. & T. „ A

195. Paper No. 4, Arnold v. Langmuir 1 40,380
196: Paper No. 6, Arnold v. Langmuir Interference 40,380

2 197. Paper No. 9, Arnold v. Langmuir’ Interference 40,380
ca 198. Paper No. 10, Arnold v. Langmuir Interference 40,380
199. Paper No. 32, Arnold v. Langmuir Interference 40,380
200. Paper No. 85, Arnold v. Langmuir Interference 40,380
210. Table of Mechanical Repéater Installations, 1904-
1918, in Gherardi deposition

210-A. Table of Repeater Installations, 1904-1918, Gherardi
depose /ͤ A eee

172. White test records (Card & 7 sheets
173," White report on relaying of high frequency cur-

i rents by means of improved audio nge

File Wrapper and e

0
170. File wrapper and contents Arnold U. S. Patent No.
1,297,309, March 18, 1919... .:: *

— (ü — ;

174. Coolidge Notebook MO, / w (
175. Coolidge Notebook No. 446, Extract 9 5 35 992
216. Nicolson ‘notebook (Not printed in full) i

„ 216-A.Certain pages of Nicolson notebook d. orca

171. White Notebook No. 462 (Certain pages only) >.5.::

Patents, United Susie:

213. - DeForest, No. 879,532, Feby. 18, 190. ES
217. DeForest, No. 1,201,273, Oct. 17, 1916.
212, Fleming, No. 954,619, April 12, 1910. fo

22. Hewett. No. 781,001, Jany. ee ap

203. Hewett, No. 781,002, Jany. 31, 1505. .
204. Hewett, No. 749,791, Jany. 19, wos aye 9
_ 205. Hewett, No. 749,792, Jany. 19, . 1

Admitted Printed
8 a Vol. Page Vol. Page

III 1763 Iv
III 1762 IV

III 1762 1
411 1762 IV

III 1762 ‘IV
III 1762 IV

III 1763 IV.
III 1765 1

III 1766 IV.

III 14 IV

— II 788 1

III 1506 IV

III 1518 IV
II 801 Not printed
II 801 IV 322

III 1468 -IV

III 1766 IV

III 1887 1
III 1766 1

III 1763 IV
III 1763. IV

III 1763 JV

1II 76 “IV

59

121

128

91

—

*

PLAINTIFF'S EXHIBITS CLASSIFIED INDEX—Continued.

Ex. . - Admitt@d "Printed
No. . Vol. Page Vol. Page
206. Hewett, No. 749,793, Jany. 19, 190. III 1763 IV 247
207. © Hewett, No. 758,650, May 3, 1904............... III 1763 IV 250
208. Hewett, No. 954,434, Apr. 12, 1910. III 1763 IV 252
209. Hewett, No. 991,304, May 2, 1911. III 1763 IV 255
1. Langmuir, No, 1,558,436, Oct. 20, 192. „ien N 1
2, , Langmuir, No, 1,244,216, Oct. 23, 1917. T ] N
3. Langmuir, No. 1,244,217, Oct. 23, 191772. 1 36 IV. 16
4. Langmuir, No. 1,529,597, Mar. 10, 1925. I 36 IV 20
215. Langmuir, No. 1,558,437, Oct. 20, 1928. III 1820 IV 313

—

1 (1912), Vol. 23, pp. 192-200,
“Ionization. Produced by Carbon at High Temper-
atures,” by Pring & Parker III 1766 IV 263
194, Physical Review, Vol. 26, No. 4, October, 1935, pp.
436-435, “Probability of . Ionization of Gas Mole-
cules by Electron . 5 by Compton and Van :
RR ea SSC SIE ree St ope HI 1761 IV 185
218. _ Certain pages of book of: O. W. Richardson, on es
j “The Emission of Electricity from Hot Bodies“. III 1891 IV 332

Physical Exhibits.

% » A ee
6. . DeForest Type H Audion Tue Gee a a ae
7. DeForest DV 5 Vacuum Tube .................. 1 81 — —
8. DeForest DV 5 Vacuum Tube th
182. DeForest type T audion Tube 47 „ III 463 =
16. Plaintiff's UV 199 Tutte eote, Et GR —
2 Plaintiff's UX 201A Tube TT.. vie sch oR AE ee
1 >
Ba a (xii). e
f * 0 ; .
9 1

INDEX TO PLAINTIFFS EXHIBITS. -
in |

_ INTERFERENCE RECORD.* ;
Inter. Trial. ; A Inter
Ex. Ex. 5 Record
No. No. a d Page
1. 20. Diagram, Figl Nell S ee 1018
2. 21. Physical Review Paper of W 191. Not pr inteſ
3. 22. Diagram, Fig. 8 ee dc e e ee 4042
4. 23. Diagram, Fig. 3 n Reer 1 %% Mem
5. 24. Diagram, Fig. 4 rere sn denen 1052
6 285. American Electro-Chemical Society Paper of 1016 40. Not printed 8
7. 26. American Chemical Society Paper of November; 1916. . . Not printed
8 27. Diagram, Fig. FC 1090.
9. 28. Diagram, Fig. 6 32322 65 ee ee eee -» 1094
10. 29. , Diagrall Fig. 7 ...... arb ee ee eee
11. 30. Diagram, Fig. S8 l „FFF 1097
n M. Dine Big. 9 ecreds vel yviewtbe ce FCC
13 32. Logarithmic Plot of Volt-Ampere Characteristics of Regulator eae
Kenotron with High Vacuuunnn „
14 33. Volt-Ampere Characteristies 90 Regulator Kenotron with
Ver High Vacuum 1% eid ceuses 2. He
15. 34. Logarithmic Plot of Volt-Ampere Characteristics of Regulatér /
_ Kenotron: with Filament Current at 1.25 Amperes and with.
High Vacuum e 1120
16 35. Volt - Ampere Characteœistics 1 Regulator Kenotron with Fila- pares
i ment Current at 1.25 Ampe és and with High Vacuum 9 1121
17. 36. Logarithmic Plot of Volt- Ampere Characteristics of Regu-:
ntor Kenptron with Mercury Vapor Present woos 1128
18. 37 Volt- Ampere Characteristics of Regulator Kenotron with'Mer- _- f
oP cury Vapor Present e e bees e
19. 38. Diagram of Circuit Connections e 3
20. 39. Regulator Kenotron with Appendix and Charcoal Tube (Pho- ; 25
2 tis
: tograph printed % 1109
21. 40. Nickel Anode Tube (Photograph printed) —— 2 aes 1130
21-A. 41. Curve eri eg of Nickel Anode Tube 22 Serre S522 2 1141.
*Referred to in Interference record as “Langmuir Exhibite*§——
(xiii)

Pe Viti

. INDEX TO PLAINTIFF'S EXHIBITS IN INTERFERENCE RECORD uid
Inter. Trial Inter
1 | W nae Record
No. No. ‘ Puaze

22. 42. Standard Coolidte Sion ‘Tube (Photograph printed) ....... 1151 —

23. 43 Volt-Ampere Characteristics of Standard Coolidge X-ray Tube 1157

24 44 Logarithmic Plot of Volt-Ampere Characteristics of Standard
Coolidge X-ray Tube ee V 11586
28. 45. Standard Coolidge X-ray Tube with Cathode Shield Removed 5
: (Photograph printed) ...... N n „ 2EMRa
26: 46. Volt-Ampere Characteristics of Standard Coolidge X-ray Tube: 0
with Cathode Shield Remove. a
27 47. Logarithmic Plot of Vojt-Ampere Characteristics of Standard
7 Coolidge X-ray Tube with Cathode Shield Removed ...... 1160
28. 48. Radiator Type Coolidge X-ray Tube (Photograph printed). 1151
29 49. Volt-Ampere Characteristics of Coolidge ae Tube, Radi-
ator Type . ˙—˙ Viweiones s . . 1163
30. 50. Logarithmic Plot of Volt-Ampere Characteristics of Coolidge
os X-ray Tube, Radiator Type dee 8 1164
31 51. Type P Pliotron (Photograph printed) C 8 118
8 Volt-Ampcre Characteristics of T ype P Pliotro˖n . 167
. Logarithmic riq: of Volt-Ampere Characteristies of 1 8
Pliotron oe JJJ/%% AAO ̃ HaT ee de® oa « 1168
34 54. Volt-Ampere Characteristics of Type P Pliotron, ‘taken with
Rotating Commutator :..,.... 4 1169
35. 55. . Logarithmic Plot of Volt- Ampere Characteristics ofsType P
: Pliotron, taken with Rotating Commutator JJC wes ex ee
36. 56. Rotating Commutator 3 F e
. 57. Diagram of Circuit Confebtions . 1172
38. 38. Type U Pliotron (Photograph printed) . = per e 1152
. 589. Volt-Ampere Characteristics of Type JJ Pliotrag u 17
40. 60. Logarithmic. Plot of * t Ampere Characteristics of Type oo See
: Pliotron FCC erin’ — 2 „%„%„4 444 ͥ 1176
41, 61. Type T Pliotron (Photograph printed) ie eee 11¶53
42. 62. Vo t-Ampere Characteristics of Type T Pliotron ........ wees HDS
43. 63. Logarithmic Plot: of eee eee of. Type T 4
Pei OO Woe as atte hen tm eadle ⁵ hate tleTt ok man ve bS Sos 1
44. 64 ‘Type G Pliotron vr. 11 ‘(Photograph printed) „
45. 65. Type G VI. is mme printed n eee, MRES
6 5

A
7M
Qe Oe *

‘INDEX TO PLAINTIFF'S EXHIBITS IN INTERFERENCE RECORD

Inter. Trial Inter.
No. & e 7 Page
60. Volt Ampere Characteristics mn { Type G Pliotron VI. 11 „ 1183
67. Logarithmic Plot of 1 8 ge men of Typ G ;
W evaeti aaa ae: Ss
68. Volt-Ampere Characteristics of: Type G Pliotron VT. I3, with

5 Grid connected to Negative End of Fllament 1185
. 69. Logarithmic Plot of Volt-Ampere Characteristics of Type G ;
Pliotron VT-13, with Grid connected to Negative End of
rb Re Conese tee ace wens “1186

70. Volt-Ampere — of Type G Pliotron VT-13, Grid
eee ere, dence a ia » 1187
71. Logarithmic Plot -f Volt-Ampere Characteristics of Type G
Pliotron VT-13, Grid connected to Anodle 1188
$2, 72. Kenotron Regulator Tube, Type TBA. (Photograph printed) 1184
53. 73. Volt-Ampere Characteristics of Kenotron Regulator Tube, :
%%% :.:. PLAGE bho 1191
. 74. Logarithmic Plot of Volt Ampere Chart 8 S I.
* 75. Kenotron, with Filamentary Anode (Photograph printed). 1154
56.: 76. Volt-Ampere Characteristics of Kenotron with Filamentary aie pete
aN Anode at Different Filament Temperatures ........ Coveuds SOO |
57. 77. Temperature Current Characteristics of ‘Reaotron with Fila-
aaa mentary JJV gis oe her eo 1194
58. 78. Logarithmic Plot of Volt-Ampere Characteristics a Keno-
tron with Filamentary Anode „ N 1198
* bb e
60 80. Diagram, Fig. 111 o N 1204
61. 81. Diagram, Fig. 1222 e e N
6. 82. Diagram, Fig. 122 e e — . 1209
63. -83. Diagram, Fig. VVV N r ? 1211
6. 84. Diagram, Fig. 15 ...:...... . e
66. 85. Thomson Lecture Reported. i in “Bnginesring” . aoe . Not printed :
66. 86. Logarithmic Plot of Richardson Data . 1268
67, 87. Volt-Ampere Characteristics of Fleming Vacuum Valve . . 1319
68. 88. Logarithmic Plot of esi ss Characteristics of Fleming
ie Vacuum Va—e n . . „ 1500-
59.

en. rs — c

.. | INDEX ro PLAINTIFF'S EXHIBITS IN INTERFERENCE RECORD
Inter. THis} e 0 ae
E, Ex. 55 . | Recos

No. 5 No. v * Page

„ 70... 90. Plot of Van der Bijl’s Data-on page 47 of Arnold's Record. 153)
71. 91. Logarithmic Pt of Van der Bur. Don of page 47 of- Ar-
ö rr iss2
72. 92. Plot of Van der Bijl’s data on pages 49, 50 of Arnold's Record 15%

, 73. 93. Logarithmic Plot 6f Van der Bijl’s Data of pages 49, 50 of
renn eee eee 1597

74. 94. Plot of Van der Bijl’s Data on page 51 of Arnold’s Record .. 159
75. 95. Plot of Van der Bijl’s Data on page 67 of Arnold's Record. 184
76. 9806. Logarithmic Plot of Van der ihre Data on page 67 of * .
nold’s Record li neee . 145
77. ' 97. Piod of Van der Bijrs Data on page 211 of Arnold’s Record. g
78. 88 Logarithmic Plot of Van der Biirs Data on. page 211 of Ar-
0 ͤ K K 158
79. 99. Sweetser- Record Sheets S-1146 to S-1214, Experienéat No.
aH 3 c „ ot ss
. 80. 100. Sweetser Record Sheets S-1345 to S-1432-13; ee 9
b , spuspsaeccnseketes os caus 3 Not printed
81. 101. Janek Notebook No. 413, pages 1-14. . Not printed
102, Volt-Ampere Characteristics of Pliotron No: 79 AEs 3
83. 103. Logarithmic Plot of Volt-Ampere Characteristics of Pliotron -
ie Ree Ba Miki VVV teens 1593
84. 104. dient of 1 Institute of Radio Engineers, N
5 TW jJJJſ%d%d%%%% ͤ ͤ „„ Not printed
„ 105. Tungsten Wire Audion No. 2 5 printed) ........ 1619
386. 106. General Electric Review Article on Coolidge Xray Tubes. . Not printed
87 107. Lt. Gutton’s Article in Revue Generale de Electricite . Not printed
488. 108. Calculations Involving Maxwell's Distribution Law Saas Not printed
89, 109. DeForest Audion Record Sheets n Not printed
90. 110. Logarithmic Plot of DeForcst Audion Data e . pele 1981.
A. III. Logarithmic Plot of Pietce’s Data 7 86
e ‘Logarithmic Plot of Pierce's Data . 2052
113. Plot of Pi Da. . % vy qq ͤ 20>
15 D. 114. Plot of Pierce’s Data 553544 „446 2060
ore = 115. Plot of Pierce's Data... 3 . 200
F. 116. Plot of Pierce’s Data on Audion 20... e . 2073
a is g (xvi)

—

—Continued. «
Inter. Trial Inter.
Ex, Ex. . 8 7 Record
No. No. a 0 2 iy Page
6. 117. Plot of Pierce's Data on Tubes A-3 and B33. . 2078
H. | 118 - Plot of Characteristics of Audion A-9.111 . .. .. 4 2085
I. 119. Plot q Sweetser’s Data of August, 1912 bb oabis hv emdelle ane
J. 120. Volume Gillette Photographs 125 Not printed
K. | 121, Gillette Neat 8 Nile bees oo.
L. 122. Photograph of Langmuir’s Laboratory e —r devas 2096
M. 123. Lamp Vacuum Committee Reports Not printed
M 124. Robinson Noteboszszzz q „Not printed ©
O. 125. Mackay Notebook .......-eecreeeeeeeees A. cde css Not printed
p. 126. Dushman Notebook No, 40 . . Not printed
Q. 127. Dushman Notebook nene Not printed
ce Mae Piot of Data of Lamp No. 2 of November 19. 191222. 2101
S. 129. Gartner Letter of February 6,191 ···:i eeee ees 9 . 2111
T. 130. Diagram deren ann ware 2112. ‘
u. 131, > Langmuir - Nobel Na: 62 4 vive l Not printed
v. 132. Langmuir Notebook No. W Nee eee a > hess ee
133. U. s. Patent No. 1,103,688, W. L. Richacle e 2³³³ Y
4. U. S. Patent (Ko. 1. 114.845, H. DeF, Arnold 026003 28485
135. U. S. Patent No. 1,128,279, H. DeF, o
135. U. S. Patent No. 1,128,280, H. Der. Arold. . 2375
137. U. 8 Patent No. 1,128,292, E. H. Colpittts 2836
138. U. S. Patent No. 1,129,942, H. DeF. Arnold „ 235
130. U s. Patent No. 1. 1293. H. Der. Arnoldi... . 2362
140. U. S. Patent No. 1,129,959, E. H. Colpitts. . e
141. U. S. Patent No. 1,130,008, A. MeL, Nicholson S ee SOS
142. U. S. Patent No. 1,130,009, A. Mel. Nicholson .. 2373
143. U. S. Patent No: 1,130,042, H. J. Van Der Bill, i 2366
144. U. S. Patent No. 1,130,043, H. J. Van Der Bijl, et al. ..... . . 2378
148. U. S. Patent No. 1,137,275, A. McL. Nicholson ..7......... 2371
146. U. S. Patent No. 1,137,315, R. A. Heising ©....? 9 5 5 0 5 :
. 8 i sce 75 5 re A 8 |
2 — He > * 155 5 1 0 ; . 0 * ö ;

*
0
0 a — e
7 » 0
„
0 * 9
’ é on F
- sway 5 — *
* 5
—
a "9 °
A 8 ;
~ 2 . 9 :
>

~~

8 ‘DEFENDANT'S EXHIBITS—CLASSIFIED INDEX—Conitinued.

34.
36.
280.

—
8.
53
24.
309.

2
S

*

eee,

* Clark, No. 1,121,803, he HW 5

Clough, No. 246,054, Nov. 13, 1917 . J
Coolidgt, No. 1,082,933, Dec. 30, 191i
Dushman, No. 172,961, Feb. 22, 1916 ..............
Dwyer, No. 596,654, Jan. 4, 1898 9888 :
Edison, No: 411,019, Sept. 17, 1889 ...............

Fleming, No. 803,684, Nov. 7, 1905 ................ ö
Friedrich, No. 1,088,677, Jan. 6, 1914 .

Goldsmith, No. 127, Der. 2 19199

f Goldsmith and Weinberger, No. 1, 334,087, March 16,

—: ³ ²³ĩ oe

Hawkins, No. 1,172,990, Feb. 22, 1—2— .
Hewitt, No. · 1.025,64, May. 7, 1912.

Hewitt, No. 682,699, Sept. 17, 19o)h0·˖̃/%o:

Hewitt, No. 682,692, Sept. RRR Cane

Hull, No. 291,527, Jan. 14, 191999

Hull, No: 1,385,873, July 26, 1911211
Hull, No. 387,984, Aug. 16, 191112

Hull, No. 1,523,776, Jan. 20, 1925 ............ 4...

Hull, No. 1,547,153, July 21, 1925 ........... yet
Langmuir, No. 1,280,769, Oct. 8, 1918 .......... 8
Langmuir, No. 1,273,628, July 23, 1918 8
Langmuir, Re-issue; No. 15,278, Jan. 31, 1922.
Langmuir, No. 1,558,437, Oct. 20, 19 25.
Langmuir, No. 1,273,627, July 23, 1918 eis fee
‘Langmuir, No. 1,301,279, April 22, 1919
Langmuir, Re-issue, No. 15,495, Nov. 21,. 1922.
Mackay, No. 1.208, 597 Dec. 12, 1916 ............
Malignani, No. 537,693, April 16, 189 :

Marshall, No. 205,002, Nov: 14, 101%

Meikle, No. 1,182,290, May 9, 1916 .............. 1
Meikle, No. 266,517, May 14, 1918s Ss
Merritt,-No. 909,811, Jan. 12, 1909 ................

Payne, No. 313,112, Aug. 12, 19119

Payne, No. 1,400,235. Dec. 13, 1912

Pratt, No. 1,374,679, April 12, 19211 bak 9

(xxxii),

199. se
20

382 V 845

196. V

197 V 150

1 198 V 0
1822 VI l27t

I
I
I
I
1 197 V @
1
1
1
I

III 1822 vr 1276
II 948 VI 11%

1 883 v 6

1 583 V 619
1 883 V 622

u. No. | II 225 VI 1030
Hull, No. 1,313,187, Aug. 12, 19119 .
Hull, No. 313,188, Aug. 12, 1919 aero

II 925 ‘VI 10
II 925 VI 1104
11 925 VI 1108

II 925 VI un

II. 949 VI 1168

III 1822 VI 1267
1 200 V 802
15196 V 4

I 199 Y 433.
11 948 VI 1133

II 948 VI_1137

948 VI 11% .

|

III 1823 VI 1341.
II 925. VI 1085.
Il 949 VI 111
1 949 VI 1144
II 950 VI 1194 -
III 1821 VI 1246,
IIL 1821. VE 1257

I · ime

11 925 VI 1098
III 1922 M 1299
II 949. VI 1197

_ DEFENDANT'S EXHIBITS_CLASSIFIED INDEX—Continued.

18 Admitted Printed f
. Ne. Vol. Page Vol. Page
12. Recklinghausen, No. 946,068, Jan. 11, % ce bee
y. Soddy, No. 859,021, July 2, 1907 .......... e
2 ‘Thatcher, No. 1,028,636, June 4, 1912 14 th AM 206
320. Traver, No. 1,470,582, Oct. 9, 1922 III 1823 VI 1325
2. Wuite, No. 1,159,307, Nov. 2, 191i W
. White, No. 1,365,576, Jan. 11, 1921. I 24 VI. 1153 1
290. White, No. I. 806,468, Aug. 26, 1924. u 94 VI 1163
303. White, No: 1,195,632, Aug. 22, 1916 ...... III 1821 VI 1241
358. White, No. 1,298,613, March 25, 1999 — TET 1821 VI 1251
2. White, No. 1,544, 202, June 30, 192 ree III 1623 VI 1337
Sad na Publications.
20, W Ade of Arts and Sciences, Proceed -
ge ings of the, Vol. XIV, No. 1, August, 1909, pp. 1-17, —

Friction in Gases at Lo] Pressures, by ee Hogg 1. 198 V_ 225
8 American Electrician; Vol. VIII, No. 1, May, 1896, 8
“Crookes Tubes and Experiments with Roentgen

i Rays „ by Thomas Dunaa nn N
33. W Institute of Electrical Engineers, . Proceed. Valve? ty Ji M 600A ews
8. A. Royal Society, Proceeditigs of the, (1907), Vol. 78-A,
pp. 429-458, “Calcium as an Absorbent of Gases
for the Production of High Vacua and Spectro-
copie Research,” by Frederick Soddy ............
16. Scientific American Supplement, No. 1568, Jan. 20,
1906, pp. 25129-25131, “On the Electric Con-
5 ductivity of a Vacuum,” by J. A. Fleming
26, Pein. der Deutschen Physikalischen Gesell-

—

1 197 V 83

I 197 V- 142

1 1580 V 192

‘1197 V 165.

_ sthaft, Vol. 13, (1911), pp. 601-606, “On a Method

of Producing Very Soft Roentgen’ Rays in the

Highest Vacuum,” by H. Dember 5 5
N Physical Exhibits.
9. Arma tbe wed by, u demonstration in Court ef
Blue Glow N 8 N ee eevee sees
(

1 198 V %

DEFENDANT'S RXHIBITS CLASSIFIED INDEX—Continued.

Ex. Ai. A Admitted . Printed
‘No, : Vol. Page Vol. Page
296. Becker approximate duplicate Sweetser tube, A f J *
ü — TRO, ie 5 t ee
83. DeForest Audion structure, (cited depositions , : ;
(Exhibit withdrawn) ................0.......2... E
330. De Forest tube as placed on pump UL
331. DeForest tube sealed off from pump 1 t %% ae
332. De Forest tube prior to volatilization of magnésium . W902 — — |
333... Pe Forest tube in completed commercial form III 1003 ae
84. Jahnke Tube, (California depositions). [Exhibit with- - at
66 ee ERRE hs Dashes ents eee
47. Kelly’s approximate orga tube of — prior. ‘
ity ‘record Exhibit MoeO SENAY el. Re Na
51. Kelly's approximate e tube of Arnold Prior- a
i 22 Noy 33236). 3s ks oo: 1
56. Kelly Helium filled . n 11 86 —:
° af Sb ae 8
8
js
*

INDEX TO DEFENDANT'S EXHIBITS
INTERFERENCE RECORD.

Inter. Trial Inter.
Record Ex. ss Cae Record
“Rx No. No. 7 80 . ) Page

I. 100. Van der Bij! Diagram No. 1. VERN e e e

2. 101. Van der Bijl Diagram No. . „. aed 1% (OS
3. 102. Van der Bijl Diagram No. 3232322 een e

4. 103. Van der Bijl Diagram No. 4. n — 426

5. 104. Van der Bijl Diagram No. S. ee Nine 427

6. 105. Van der Bijl Diagram Nor inne rip CC a ew LES tery

7; 106. Van der Biji Diagram No.7 e HeeNee's „ eee 429
8. 107. Van der Bijl Diagram No. 8......... . eee N 430

9. 108. Van der Bijl Diagram No. 99 a. 2 PUES Tee aie, «|

10. 109. Van der Bijl Diagram No. 10 l nel @8e

* 110. Vacuum Tube No: 17,8292 eee 2 7 =

u. 111. Van der Bijl Diagram Ne. 1 4 vec eti sce es 433
12, 112. Van der Bijl Diagram No, 1122 ee ee 434
„ i „n ¶ 658s dente se tcces eos 5 es
2. 114. Millikan Sketch, No. 1 . Lops Gee
I- 115. Arnold Exhibit No. I JKJ‚„k1“.. Heyes 5

TB. 116. Arnold Exhibit No. Al-. e vapagniees n 438

. 2-A. 117. Arnold Exhibit No. 2-A ....... eee . 439
2-B, 118. Arnold Exhibit No. 2-3. e e voce 0

id /// = 441

3.B. 120. Arnold Exhibit No. 338 ees 2 — 442

3-C. 121. Arnold Exhibit No. 3-C ............. . — 443

b Bt No. Dos. sos voice vince cs cseuscwever'ss’ .. 444
4A. 123. Arnold Exhibit No. 4pKkk . . piace

4B. 124. Arnold Exhibit No. J 00 44
„125. Buckley Article ret i ee lo, Ae

1. 126. Calibration Curve No: ........ ee «Mee

2 17. Calibration Curve No. 2. „% eter ee 451

Not given Exhibit No. in Interference record. .

' fReferred to in Interference record as Arnold Exhibits...

pel (xxxvii) 45 5 i 5

ay
9

mnN TO DEFENDANT'S EXHIBITS IN INTERFERENCE RECORD

» Inter. Trial wag ites 3 ted *
Ex. No. No. aris : ets ate Paige
13. 128. Van der Bijl We Fe —*-•ũ—2j 444 6 45²
14 129. Van der Bijl Diagram No. 14. 8 e
130. Van der Bijl Diagram No. 8 simplified d 21
18. 131. Van der Bijl Diagram No. 15 ....... . e ea
16. 132. Van det Bijl Diagram No, 16. 1
17. 133. Van der Bijl Diagram No. 177 34. „ 437
18. 134. Van der Bijl Diagram No. 1. 8 458
„135. Photograph of Tube R. D. O. 166 „ 459
1: 136. Richardson Exhibit No. 11. n N
2. 137. Richardson Exhibit No. ꝶ27z 2 2 0
* 138. Vacuum Tube No. 17,482 (same as Exhibit No. 100 Be „
eee, ca vencis. i064 sede dade be... a
40. 140. Van der Bijl Test Circuits for Amplifier e 517
41 141. Van der; Bijl Circuits for Detector ee a o 80
42. 142. Van der Bijt Comparison Test Circuits for Detector 521
43. 143. Vacuum Tube Conference Report of February 8, 1918. 93
44. 144. Signal Corps Specification for Receiver Tubes, Dated Fett,
ates Te ͤB ͥ¶ddddd ͤ Ceili as - 968
48. 145. Test Specification for Transmitter Tubes, A Weben ee
5 . %%% des EN AR EI AMOR coe og cb es . 973
406. 146. Diagram for 3 Kenotron "Experiment Carried to ;
EES esa
%% ũ ũun.̃̃ ꝗ ͤůàm ; Ee EO hs SV AEE 535
7. 147. Diagram ter Regulator Kentitrot Experiment at Graded :
Pressures, with Tungsten Filament „„ 830
48. 148. Diagram for Regulator Kenotron Experiment i at. Graded
oe Pressures, with Wehnelt Cathode ........ . 540
49. 149. Diagram Inustrating Effect of Filament Voltage Drop. 336.
30. 150. Logarithmic Diagram Mustrating 19 of Filament vol. 2
1 tage Drop . %%% 0ò V 2 ae
a 181 Comparative Diagram Langmuir Exhibits.33 and 35 561
cue 132. Logarithmic i at Different Pressures with Web;
: nelt Cathode 3 e e ‘ven SO
Not given Exhibit No. in — i
ey ’ | @exxviii)

Sh EATERS

\

un x 10 DEE DANT'S EXHIBITS IN INTERFERENCE RECORD

es Ex. ; . . . ead
EXT No. ‘No. 8 : | 3 _ © Page
83. 183. Diagrams on Suécessive Days. with Wehnelt Cathode, Using
Liquid Air so PUES a NUS TE be RIOD TNs cages 565
% 54. 154. Logarithmic. Diagram Corresponding to Exhibit 53, Rebut
. ß ke, 567
55. 155. Characteristiés for canta Tube with Filamentary ‘Tung: .
1 sten Anode nN, ̃ TI 574
56. 156. Logarithmie Plot Correspor ing to Exhibit 55, Rebuttal’ |
5 Fig. 15 ..... . N 17 cases snes 576
. 1% Characteristics for Unbaked Tube with Coiled Filamentary
. Tungsten Anode N. wigeay ae eee 578
18. Logarithmic Plot Corresponding’ i to Exhibit 57, Rebuttal
„% ĩ ys Tie Md: ass snes „„ N 580
359. 159. Characteristics Corresponding to Exhibit 57, Fig. 17, but
(°° with Higher Temperatures ....:......-. V 381
60. 160. Characteristics for Unbaked Tube with Equat 1 e ga
: Tungsten Electrodes ö• 242465 N . 382 N

61. 161. Characteristics for Unbaked Tube with Equal Parallel es.

dan eee e es Baia PR we Nos 584

62. 162. Logarithmic Plot . to Exhibit. 61, Fig. 21 Se 2 585

63. 163. Characteristies Corresponding to ERhibit 61, Fig. 21, “but

7 a Pushed is Higher Curren iss 4 \ 587

64. 164. Leguctibenie’ Plot: Ge epd ae e Wee 65 Fig. 23 . 888
es. 165 Characteristics for Unbaked Tube with Equal een Her-
6.
67

. VA Exhibit 65, Hie 8 *

5 ene, AW. 592
68. 168. Characteristics for Un

pin Electrodes ie 593

69. 169. Logarithmic Diagram Tilustrating 2/3 Slope for Consider- |

ie ge aes able Gas Present (based on Exhibit 47, Fig. 7) ........:. 601
70 170. e eee ot ere Exhibits 32 are
JW VVT 617
71. 71. Plate Current-Grid’ Volt Characteristic tec Standard Tele” |
5 phone Repeater Tube Nee .

ee Gal) é .

INDEX TO DEFENDANT'S EXHIBITS IN INTERFERENCE RECORD

— Continued.
later. Trial ; Inter,
Record Ex. Record
Ex. No. No. Page
72. 172. Current - Voltage and 1 Voltage Characteristics tor a
Standard Telephone Repeater Tube ..... 24222 2 4 6%
73. 173. Logarithmie Plot corresponding to Exhibit 72, Fig. 37..... 626 3
74. 5 174. Diagram showing two 372 slopes for a single tube ......... 5 ;
75. 175. Diagram showing three 3/2 slopes for a single tube 637
76. 176. Logarithmic diagram corresponding to Exhibit 67, Fig. 27 .. 638
77. 177. Comparative diagram for DeKorest tube 7-A and .General
oe ee Electric tubes VT-11 and VT-13-........4...++. . 650
78. 178. Volt-ampere diagram for small Western Electric tube 651
79. 179. Logarithmic diagram corresponding to Exhibit 78, Fig. 44 653
80. 180. Diagram for small Western Electric tube, eorrected for
contact potential differ ene „
81. 181. Logarithmic diagram corresponding t to Exhibit 80, Fig. 46. 655
82. 182. Diagram showing volt-ampere and volt hm chargeteris- 3
ties for VT. 1 tubtte 3 1 686
83. 183. Diagram showing logarithmie volt ampere characteristics. N
ee for VT. 1 tube Ane % ͤ ⁵ ͤ-„ ²⅛˙ an 657
84. 184. Diagram showing plate current-grid volt characteristics b
; tor VII be JJ ˙ ĩ ͤͤ ck + Kable «+. * 658
85. 185. Diagram for type W radio transmitting tube ..... „
86. 186. Logarithmic diagram fof type W radid transmitting tube. 660
87. 187. Diagram showing characteristics for type G power tube 661
88. 188. Diagram showing logarithmic characteristics for ne. G
: ee PORE soca. caconcsas ars eee eee cakes ov iss oasis 662
89. 189. Diagram showing characteristics for type ‘I power tube 3
90. 190. Diagram showing N characteristic for type 1 5
be CCC „ 55 a 605
91, 191. Diagram obtained by pushing a via tube to eee :
. „b J%%% HED obec decbere 671
92. 192. Logarithmic’ 1 5 to Exhibit 91, Fig. 577. 62
ae 1 i Diagram for.a VT-1 tube to. excessive . 1 then ce
oe Spee, for decreasing voltages. .. et Fin clas. oe a
94. 194. Logarithmic diagram corresponding to Exhibit 93, Fig. 59. 675
95. 195. Arnold Exhibit No, 95, Tube for Figs- 8. 12, 13. and 14. xp
96., 196. Arnold Exhibit No. 96, Tube for Figs; 15 and 16 ....... 3 5 i
00 a

.

Inter.
Record
Ex No.

98. .

‘een

INDEX TO DEFENDANT'S EXHIBITS IN INTERFERENCE RECORD’

&

.
Trial ea Inter.
Ex. Record
No. 1 . 13 Page
197. Arnold Exhibit No. 97, Tube for Figs. 17, is and 19. —
198. Arnold Exhibit No. 98, Tube for Fig. 00 aa —
199. Arnold Exhibit No. 99, Tube for Figs. 21, 22 and 40 2 —
200. Arnold Exhibit No. 100, Tube for Figs. 23, 24 and 39. —
201. Arnold Exhibit No. 101, Tube for Figs. 28 and 2. oh —
202. Arnold Exhibit No. 102, Tube for Figs. 27 and 1 —
208. Arnold Exhibit No. 103, Tube for Fig. 98. a
204. Arnold Exhibit No. 104, Tubs for Figs. 36, 37 and 38 ...... —
205. Arnold Exhibit No. 105, Tube for Figs 44, 45, 46 and 47 —
206. Arnold Exhibit No. 106, Tube for Figs 48, 49 and 50. —
207. Arnold Exhibſt No. 107, Tube for Figs. 51 and 52 „ mi
208. Arnold Exhibit No. 108, Tabe for Figs. 53 and 8. =
209. Arnold Exhibit No. 109, Tube for Figs. 55. and 56 . ices a —
210. Arnold Exhibit No. 110, Tube for Figs. 57 b
211. Arnold Exhibit No. 111, Tube for Figs. 59 . * r
212 Direct volt-ampere plot for unbaked tubular bulb ....... — 708
213 Logarithmic volt-ampere plot for. unbaked tubular bulb . 1
214-222, inclusive. Diagfam for batch of unbaked tubes 3
i and tested December 12 and 13, 1919 wi — 7456 to 754
223. Volt-ampere diagram for tube of Van ae Bil renee XQs.

1792 and 201 ..... he e 3 3
224. Diagram for tube No. 35. 8 PRISE teeveee 78
225. Diagram for tube Na 36 eee yeep we
226. Diagram for tube No. 38 e is 5 8
227. Diagram for tube No. 45 e „ „
FVrEWF Oe a as +e | 5 4 767

229 Diagrams for tube No. 50 5 768
230 nee ie ee Me Rae ee
BERET | . go y 770
232 Diagrams for tube No. 67 ee 555 8 pf 771
254. Diagram for tube No. (ũ . Aiea, ip
235. Langmuir Exhibits 16 and 18 plotted together .....:....... 38338
236. Logarithmic Diagram tor Von ae data | (Phys. 2 5 Peet
C00 en et

Nei given No, i in Interference record. . rare 8 5 a i AS
eee , = „„

0 5 7 . oa ; 7 Cc *

mx TO DEFENDANT'S EXHIBITS IN INTERFERENCE RECORD _

—Continued.
Inter, . Trial ; : Inter
Ex. No. No. ew Page.
— ae A Certified copy of Armstrong. testimony in Marconi v. De-
Forest case „ Stae dhdsbe des 97 4 59 Withdrawn

pr. I. 238° -Photostat copy. of Richards Book 4, pp. 137, 138 and
165. Dates and Diagranis for meeting with De Forest;
address of McCandless; and. notes on the artificial nee: ES

8 continental line test 3 4 9 . tee printed
Pr. 2. 239. Audion 1-A. A Physical Exhibit Woes Altes
Pr. 3. 240. Photograph of Audion 7 K... Nec . Bas
Pre 4. 241. Audion No, 11. A Physical Exhibit 5
Pr. 8. 242. Photograph of Audion No. I eva a — *
Pr. 6 243. Arnold diagram of audion circilits lor November 1, 1912... - “
Fe. 7. 244. Photostat copy of. Pierce Book, 20, pp: 16 to 41, in-
clusive. ‘Tests of DeForest. A „„ ‘
We. 8. 245. Blueprints of sketches accompanying Exhibit / . 4,
Pr. 9. 246. Comparative diagram for Audion 7-4 and type G plio- d
„ c Ne ee ae *
Pr. 10. 247. Photostat and blueprint copy of Pierce=Arnold memo-
randum of December 18, 1912, on “Efficiency of the
Pale, Fas le cane S 5 998
Pr. 11. 248. Copy of order for molecular pump . 8
Pr: 12. 249. Photostat copy of Letter to Crandell of March 17, 1913.
ding date of Arnold’s trip to Princeton
Pr. 13. 250. Photostat copy of Kendall Book 28, p. 25, noting ar-
ie meal of new ‘molecular pump ..:.....3......5++ eve .
Pr. 14. 251. Photostat copy of Trimble Book 18, pp. 89 to 95. Rec-
l ord of pumping twenty audions in January, 1913 eee 9

Pr, 18. 252. Photostat copy of Arnold-Nicolson 3/2 law memorandum “
Pr. 16 253. ent copy of Arnold-Kendall we law computations...“

8 . poacedha ‘ty "Pe? are exhibits referred to in Interference.
record as “Exhibits accompanying the statements in behalf of Arnold on the
Question of Priority.”
* Arnold Priority Exhibits Nos. 1 to 41, inclusive (Defendant's Exhibits Nos
. 238 to 278 inclusive in this case) not printed, but are bound in chronological e.
der in brown cloth back book. .

INDEX TO DEFENDANT'S EXHIBITS IN INTERFERENCE RECORD

Inter. Trial Nos ¢ . ; Inter-

Bx No. No. 3 2 ae

Pr. 17. 254. Photostat er el ArnoldIetter to Wiegel May 5, .
1913, giving 3/2 law computationnln nnn printed

Pr. 18. 255. Photostat copy of Pierce, Book 20, pp. 101 to 18, relating to
use of new molecular pump with Audions 20, A and B. ake

~ Pr. 19. 256. Blueprints of sketches accompanying Exhibit 18. is
Pr. Al. 257. Photostat copy of selected- cards from nn carl
* index. Cards 1 tö 10, 23, 64 and 100 5 A......... 000005 “
© Pr. 21. 288. Phatostat copy of Kendall Bock 25. pp. 39, 40 and 60
2 a relating to the audion installation at Philadelphia ....:., “

Pr. 22: 259. Photostat copy of Kendall Report of September i
ay 1913, on two-way audion repeater with artificial lines.
Pr. 23. 260. Photostat and. blueprint copy of Kendall memorandum Fes.

: October 1, 1913, on the use of the audion for. repeating... “ ~

Pr. 24. 261. Blueprint of Kendall cord circuit audion L — —
5 ande 2. *.
Pr. 25. 262. Photostat copy of ‘Kendall Book 42; p. 5, on the com-

mencement of commercial service at Philadelphia
Pr: 26. 263. Photostat and blueprint copy of Kendall Report of October __
. a 22, 1913, on commercial operation of audion at Philadelphia is
Fr. 27, 264. Photostat copy of Kendall Book 42, p. „ for December 20,
3 1913. Record of commercial service for audions at Phila- Ax.
PP ee e PSP RGR Es
Pr. 28. 265. Audion 6.11 a Physical Exhibit 5 n é
Pr. 29. 266. Photograph of Audion 6. il. . *
Pr. 30. 267. Audion 64, a Physical Exhibit ................. 3 .
Pr. 31. 268. Photograph of Audion 6 . is
Pr. 32. 269. Audion 100, a Physical Exhibit. fits 2
Pr. 33. 270. Photograph of Audion 10 4 1
Pr. 34. 271. Photostat copy of Pierce Bock 20, pp. 182 anf bay and
Es. 93571. Data on Audion 9.11. . * 2
Pr. 35. 272. Photostat copy of Colpitts Memorandum of Maren 27,
1913, om audion improvements nee .

**Arnold Priority Exhibits Nos. 1 to 41, inclusive"(Defendant’s Exhibits Nos.

286 to 278, inclusive, in this ease) not printed, eS e
“ter in brown cloth back book.

(xii

A - : os 0 ; ey .
INDEX ro DEFENDANT'S EXHIBITS IN INTERFERENCE REC

—

9

bot ON

/ 7 —

8

8 ‘copy of Nicolson’s daily 3 sheet *

for February 4, 1913, fixing date for Exhibit 15 ......... . Printed

Photostat copy of Richards Book. 4, pp. 155°: and 156, 4

on connecting audion grid and plate with a et resist- 5 *
%% cas ck sent tse cee ca ĩͤ + ee a No. 589 In Egurry. |
tena Font Bains PANY, ve Hi 1 85 5 8
ae Defendant: “geod:

| DOCKET ENTRIES ge
Jan. 26, 1626 Bill. of complaint filed; same ii gubpena is-
: sued, returnable February 15, 1926. 7

„Marshal returns on subpœna, “Serv ed, 5 he;
same day writ filed. me

Report to Commissioner of Patents mailed _ a a

copy filled.
Answer filed.
Stipulation . filed ;, same, day sates 3
time to file answer; same day order filed. i
Order granting leave to file stipulation; same
day order and stipulation filed.
. Defendant’s bill of particulars filed. :
Defendant 8 supplemental bill of particulars
ee .
Order granting ‘defendant leave: 10 amend an-
oa wer; same day amendment filed. .
Oct, 11, 12, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 1926. Trial before

2 *

- Docket Entries, No: 569

1, 2, 3, 4, 5, 9, 10, 11, 1926. ‘Trial before the oe
28, 1926. Bepositzöns of Mrs. A. W. F. Beck, B
Hyde, Palmer Hewlett, Leland B.
G. E. Lamont, Ralph R. Beal, Austin L. Tul
James O. Watkins and Harold Lee N
on behalf of defendant, filed.
11, 1926. Record of proceeding at trial filed. ee
„12, 13, 14, 1927. Hearing on pleadings and proofs, —
3, 1928. Opinion of court filed. |
16, 1928. Final decree dismissing bill of complaint, wil
2 n cCeocgts to be taxed; same day decree filed. :
. 23, 1928. Plaintiff’s petition for appeal with assignmeny
ä ‘of error filed; same day order allowing s
peal, bond in the sum of $500; same dy
order filed.
Order approving bond on yey in the sum d
$500.00 with United States Fidelity a

Guarantee Company as ne same ¢
bond filed. :

Citation issued. 8
Citation, with acceptance of service by solic

for defendant-appellee, endorsed. heredl,

: Report to Commissioner of Patents mallets
copy filed.

; “Stipulation as to transeript of ‘record fi

‘same day order approving stipulation; a
bese order filed. ee

Docket Entries, No. 598

emen Eren Sei
5 ae rs 1 75 ee , . ae
aa v. 5 No. 598 In Baurrr.
De Forest Rabl Company, ,
a a 3

N DOCKET ENTRIES

Apr. 28, 1926. Bill of complaint filed; same day ida is- ~ 7
. + gued, returnable. May 18, 1926. : :

Apr. 30, 1926. Marshall returns on subpoena, Dhan &e. ;
6 same day writ filed.

Apr. 30, 1926. Report to Commissioner of Patents mailed — es

May 1, 1926. Answer filed. 2 |

Oct. 11, 1926. Plaintiff’s seis for bill of . filed.

Oct, 11, 1926. Defendants bill of particulapp filed. (Filed i in
5 No. 589).

Oct, 11, 1926. Defendant’s supplemental bill of particulars 25

bet.

Oct.

eas. filed. (Filed in No. 589).
28, 1926. . Order granting leave. to amend answer; same

5 day amendment filed. .
et, 28, 1926. Depositions of Mrs. A. W. F. Beck, Ralph
yo Hyde, Palmer Hewlett, Leland B. Clark,
G. E. Lamont, Ralph R. Beal, Austin V. Tuel,
James O. Watkins and Harold Lee Rodman
filed on . behalf of defendant. (Filed i in No.
| 589).
Oct. U, 12, 18, 19, 20, 21, 22 25, 26, 27, 28, 29, 1926. Trial before
: : the Court.
Nov. 1, 2, 3, 4, 5, 9, 10, 11, 1926. Trial before the Court.
Nev. 11, 1926. Record of proceedings at trial filed.
Apr. 12, 13, 14, 1927. Hearing on pleadings and proofs. ©
Jan. 3, 1928. Opinion of court filed. N in No. .

4 5 Docket Entries, No. 598

Jan. 16, 1928. Interlocutory decree that. bill of eur he
a ate dismissed as to Patents Nos. 1,244,216 ani
sant _ 1,529,597; that patent No. 1,244,217 is vali
‘ 1 and infritiged ; that injunction issue; ay
ees that costs be reserved for entry of final de.
cree, &; same day decree filled.
J an. 16, 1928. - Injunction issued.
Jan. 23, 1928. Plaintiff ’s petition for appeal, with assignments
ee 3 '. * of error, filed; e day order allowing q
_ peal, bond in thesum of $500; same day
order filed. °
Jai an. 27, 1928. Order approving bond on n appeal i in the sail
: $500. with United States 1 and Guar.
antee Company as surety; same 3 bond
N filed. ae 8 ae
Jan. 27, 1928. Citation issued. 3
es J an. 30, 1928. Citation, with acceptance of service by ool
oa for Getendent-Appelee endorsed no

8
Feb 5 1928. Marshal returns on Injunction, “Served”, te,
same day writ filed. ‘
Feb. 56 1928. Report to Commissioner of Patents.mailed and
copy filed.

Feb. 17, 1928. Petition of defendant for appeal, with assign
ments of error filed; same day order allo
>. ing appeal, bond in the sum of $500; sam
a day 0 5 er filed. „
4 1928. Order approving bond of defendant on 4
in the sum of $500; with Indemnity Insur-
_ ance Company. of North America as a
Oe same day bond filed.
Mar. 7, 1928. Citation issued. 5 f
Mar. 8, 1928. Stipulation as to transoript of pied ae
same day order approving 1 cere sa
ge tk day order filed.
Mar, 8 1928. Citation, with acceptance of service by coi
3 for plaintiff-appellee endorsed thereon, tet

15 Bill of Complaint, No. 589 ee | 5

35 III OF COMPLAINT. _
oe (Filed January 26, 1926.)
In tHe Unrrep Srarzs District Court,
FOR THE DisTRict or DELAWARE. |
General Electric Company, No. 589.
3 h 81 ‘ * In Egurry.

me DeForest Radio Company. |. No. 1,558,436.

25 the Honorable the Judges of the District Court of

the United States for the District. -of Delaware.

; The plaintiff for its bill of complaint says that it is
informed and believes and therefore avers as stated i in

5 Paragraphs 1 to VII, nip tape as follows:

I. The plaintiff is a ‘corporation’ organized ‘and
a existing under the laws of the State of New York hav- -
“ing a regular and established place of business in
Schenectady, New York, and a citizen of the United-

‘States, and the defendant, The DeForest. Radio Com-

pany io a Corporation duly organized and existing
under the laws. of the State of Delaware, and a citizen,

of the State of Delaware, and said defendant has a

regular and established place of business in the State

of Delaware, within the Distriet of Delaware, within
hich District, as well as elsewhere in the United
States of America, the acts of opine peng herein.

gag complained, of took place.

u. Irving Langmuir, being, within the hae

‘the Statutes of the United States, the first, original
a and sole ester of certain Hlostrical Discharge 4p-

.

Langmuir Patent,

6 ae = Bill of Complaint, No. 589 ;

paratus nid Process of Preparing and Using the Same,
and being entitled to a-patent therefor under the pro-
visions of said statutes, duly applied to the Commis.
- sioner of Patents of the United States of America for
letters patent for said improvements, which were not
known or used by others in this country before his in-
vention or discovery thereof and not patented-or de-
‘scribed in any printéd publication in this or any for-

eign country before his invention or discovery thereof
or more than two years prior to his said application
for patent, and not in public use or on sale in this
country for more than two years prior to said ap-
plication and not abandoned to the public, and said in-
vention has not been patented in any country foreign

to the United-States of America on an application filed

by said Langmuir or his legal. representatives or as-

signs more than twelve months prior to said application f
for United States patent. The plaintiff, having acquired
by instrument in writing, all the rights to said inven-

5 tion, and all the requirements of the statutes then in

force having been complied with, there were, under
date of October 20, 1925, duly granted to the plaintiff
Letters Patent No. 1,558,436 for said improvements,
whereby there were secured to the plaintiff, its legal
representatives and assigns' for the term of seventeen
years from the said date of October 20, 1925, the exclu-
sive right to make, use and sell said it rovements, as

will appear by said patent or a ce copy thereof

in court to be produced, td of which @rofert ix hr
e i a

III. The im vements forming the . ot said
letters patent are of great value, importance and bene-

fit to the public and to the plaintiff and its licensees;
and the plaintiff has expended large sums of money —
| in _— — — — and pee

Bil of Complaint, 3 599

to the public, and the plaintiff and its licensees have
manufactured and sold and used said improvements
extensively, and are prepared to supply the whole de-
mand which has been ereated therefor; and the plain-
tiff has marked or caused to be marked the radio tubes
made and sold by the plaintiff or under its authority by
imprinting on the inclosures thereof the word ‘‘Pat-
ented together with the day and year said - letters
pret were granted. : =

: IV. Since the . of the 1 patent men-
Stioned the plaintiff has been at all times, and is now,
, posgessed of all the right, title and interest in said im-
provements and letters patent therefor, and entitled to
all the benefits thereof. |

V. Within six years last past prior to the filing of
this Bill of Complaint, the defendant, The DeForest
_ Radio Company, has within the District of Delaware,
and elsewhere in the United States of America made,
uéed and sold or caused to be made, used or sold radio
tubes embodying or containing the improvements de-
scribed and claimed in said Letters Patent 1,558,436,
and has practiced or caused to be practiced the process
of said patent, unlawfully and without license of the
plaintiff and in infringement of said letters patent and
plaintiff’s rights thereunder, and defendant threatens
to continue said infringement, and defendant has
gained great profits from said infringement, wherefore
plaintiff prays that the defendant may be required to
make full 3 of its gains from said = send
f * 75
f VI. But ‘for the l acts of defendant the
_ plaintiff and its licensees and customers would now be
a able to make, use and sell the patented improvements of

§

Bai | Bil of Complaint, No. 589.

J 2 7 said letters patent with greater profit and ac

= vantage. By such wrongful acts. of defendant the

plaintiff is suffering irreparable „unless this

infringement by defendant is restraine by order of

this Honorable Court, and the e has Ail :

3 remedy at law.
N VII. Plaintiff. hee notified the defendant of w.

ownership of said letters patent and of defendant’s in-

fringement thereof, and has requested the defendant

to desist from. further infringement thereof, but de.

fendant, after such notice has continued ap infringe.
ment. Bi

8 we plaintiff prays:

1. For such preliminary and ee injunction.

against infringement, direct or contributory, of said

letters patent by defendant, its agents, attorneys, work- “|
men and employees and officers and directors, and all
persons in privity with one eee to this n

may seem just;

ges: and l dpe

a

2. For an ee for
to said infringement, and that defendant be compelled
ie nen me e,,
as the profits; 8 a
3 3, For costs; ae i „

just.

Porest Radio Company; 3 ia :

4. For ‘such other relief as to equity may seem

5 make answer (but. not under oath, an answer under :

\

5 Bil of Coniplaint No. 589°

: oath being hereby waived) to this Bill of Complaint |

: and to perform and abide by sueh orders and decrees

as to this Court may seem required 12 5 the Keane 5

of equity and good conscience.

GEN ERAL ‘ELECTRIC COMPANY,
By (Sgd.) F. S. Txnnx,

$e Vice-President. —
Attest:
7 _. (Sgd.) SoH eat an
(Seal) ee Pas e eee Secretary.
(Sgd.) ‘Wm. G. Manarry,” me
| Solicitor for the W e
Egquitable Building,

Wilmington, Delawiie.
(Sed. ) Howson and Howson, .
Of Counsel for Plaintiff,

55 Liberty Street,
Ne York City.

Srare oF NEw Yous:
County or New Yous

F. 8. ious being duly sworn deposes end says,

. 8 ä

8

5 dat he is Vice-President of General Electric Company,
the corporation named as plaintiff in the forégoing Bill

of Complaint subscribed by him; that he has read said

; “ 2 knows the contents thereof; that the same are -

cept as to the matters. e on information

: 1 belief, and as to those matters he believes the com-
85 paint. to be true sat he verily believes, ane Irving

1 fifth day of January, 1926.

. Electric Company, 1
5 Plaintiff,| aurrr No. 589.
ue v. -On Langmuir Pat.
2 DeForest Radio 3 ü No. 3
- Defendant.) .

a mh DzForest RADIO Company, for its answer to

the bi

advised is material or necessary to be answered, says:
* contained in paragraph II of the said bill of com-

copy of Letters Patent No. 1, to plaintiff,
as assignee of Irving Langm

10 f 5 Amended Answer, No. 589.

Langmuir to be the first, original and sole inventor of
the improvements’, set forth in Patent No. 1,558,436..

(Sgd.) F. S. TERRY,
_ Vice-President, .

*

Subscribed and sworn to beforé me this 1

(Seal) (88d) geen O, Laxblxn, 7
Foto Public. .
N. v. Co. No. 84; N. Y. Co. Rigistar ’s No. 8002.
. (Sommission expires March 30, 1926. 1

25 “ited May 27, 1926. )
—
„ In ong 83 Srarns Disrhror .
von THE Drernror OF Driawann.

— —
*

of complaint herein, or as much thereof as it is
1. This defendant denies each and every allega-

plaint, except that it has seen Pep to be a

g

oe

*

Amended Answer, No. 589 | Les it

2. This defendant Saen each und every allegs- 3

. tion contained in ee III of. the bill of. oom. 3
plaint. 8

3. This defendant denies the e of para-
graph IV of the said bill of complaint.

4. This defendant. denies the allegations of e ‘ ee

‘graph V of the said bill of complaint. ahi

5. This defendant denies the allegations of para-
graph VI of the bill of complaint. *

d. &Purther in answer to said bill of nual. this
defendant upon information and belief avers that the
Langmuir patent is wholly invalid and void and of no
N effect, for. each of the mne reasons 8

5

(a) Irving Langmuir was not the first 8 of
any substantial or material part of the thing patented, i
but that the same was first in¥énted by others, to wit:

Lee DeForest, of New Vork, N. V., at New York,
N N. V., and Palo Alto, California; a
| Harold D. Arnold, of and at New York, N. fe

and/or others, the names, addresses W of in-

vention this defendant is not at present advised but

begs leave to add hereto when information thereof is
obtained. re; 7
‘ 2. . 4
(b) Because the 8 or ina alleged to be ‘ont :
tented, by the Langmuir patent was known and/or used

by others before the alleged invention or discover

thereof by Langmuir; and/or more than two
prior to the e 2 patent therefor, by!
muir, to wit:

9893

8 12 : saan Amended Aniwer, No. ed |
Lee DeForest, of New York, NN: Xa ‘be New Yor 5

. and/or others, the names, addresses and circumstanées
of such knowledge and/or use this defendant is not at
present advised, but begs leave to add betete when such *

ented by the Langmuir natent were shown in patents
and in printed publications in this country and ooun -
tries foreign to the United States, before the alleged
invention or discovery thereof by Langmuir; and/or
more than two years prior to the filing of the applica -
“tion for the said Langmuir patent, the complete data: ~
as to the names and numbers of said patents, dates of
. . issuance thereof, and the names and dates. of said pub-

‘ begs leave to add hereto wae this information has

said prior art, this defendant is not at present pos-
sessed, but begs leave to add hereto by POEs, amend-

ented had been previously patented to the same party

N

N. V., and Palo Alto, California; ;
Harold D. Arnold, of and at New York, N. F.

4

information i is obtained. ‘ 4
4

105 W the thing or thingy . to. be pat- Be

lications, this defendant is not at present, advised, but
been obtained.

(d) Because the. Larigmuir N is directed to
subject matter not lawfully patentable, which subject 1
matter does not constitute invention in view of the
state of the art prior thereto, full information as to

ment when the same is obtained. oe:

(e) Because the thing or things 50 to. SB pat-
in interest, namely, the General. Electric Company, We
plaintiff herein, in Patent No. 1,203,495, applied for
May 9, 1913, and issued etober 31, 1916, in the name

Paragraph (e) added by amendment October 28, 1926.

ec Were a! ER pet SU on

: ) Amended Anmeer, No, 00 2
„ 0 W. D. Coolidge, assignor, as illustrated, solely as
examples, in claims 1, 13, 16 and 32 of said Coolidge ‘
patent, wherefore, plaintiff made election as to i-
vontorship of the subject matter in suit; is estopped 5
from asserting that Coolidge is not the prior inventor
: thereof; and Patent No. 1,558, 436 is, therefore, void.

“ .-Wumanvonn, this defendant denies that the plain-
tiff is entitled to the relief ‘prayed for or any relief and
therefore prays to be hence dismissed with its proper
costs in this cause sustained hnd with such other and
farther affirmative relief as to the Court may seem just.

DzFOREST RADIO COMPANY,
Piss (Sgd.) Dang & Dansy, 5

| 3 Bai ; Attorneys. for Defendant. .

iy Aap: MB Mi Beet tise Bh shal oh

Solicitor for Defendunt.
4 ) Samvuzn E. Danzx, In., |
6 Sgd.) D G. An g
f 07 Counsel.

2 bote. New Vork, N. L. May 30,3986,

—

er:
14 Defendant 1 Bill of Particulars’ 225

" DEFENDANT'S BILL or PARTIOULARS.
0 Filed Octobtr 11, 1926.)
Ix tee U witep States DisrnIOr Covsr,
FOR THE Disrnrer or DRLAwaR n.

* 7

‘Genera Electric D 1
Plaintiff, . ee
: ft v. 0 3
-The DeForest Radio Company, Hee: SO) Ane 208,
' 7 Defendant. J :

‘Now ComEs Davsixpawz and for its particulars
vane as. pollows: :

. The vatinte and publications which will be of-
tor Qt in evidence at the trial of the cayge,

(a) to illustrate the prior art;
() to support a contention of anticipation; ‘and
(c) for any other een,

are as follows:

Patent Vo. Inventor. --
307,031 T. A. Edison
909,811 . M. Merritt
1,032,914 C. Kruh egy
1,038,910 R. Von Lieben and E. Reiss
879,532 UL. DeForest ;
1,169,082 R. Von Lieben, E. Reisz and 8.
Strayss N
1,028,636 C. T. Thacker 8
1,249,978 G. M. J. MacKay
' 258,966 - E. Weston
411,019 T. A. Edison
1,122,011 ‘Dr. Lillienfeld

1,218,423 Dr. Lillienfeld

te
on

oat

Defendant’s Bill of Particulars 8 15 N
8 Ornen Pars .
Patent No. Inventor. /
1,001,105 . Welsbach 2 .
968,407 F. J. Planchon „
829,568 , J. M. Canello
1,205,002 J. T. Marshall
537,693 A. Malignoni
909,811 M. M. Merritt “
596,654 E. F. Dwyer
845,671 P. H. Thomas
859,021 F. Sodd ß . Bee
7 946,068 M. Von Recklinghausen 7 peso
1,203,495: . Coolidge _—- ee
1,083,677 C. A. Friedrich We RS
1,159,307 W. C. White 1 ata
1,250,815 F. M. Dorsey Sey?
552,036 L. K. Bohm R
1,018,502 Just & Hanaman Fa Se „
1,008,896 K. Farkas : ieee
872,936 J. A. Heaney
927,935 W. Von Bolton
1,422,019 J. A. Vunck
1,142,625 — . Reiss
1,246,054 J. H. Clough
„1,121,802 E: L. Clarx
5 1,376,604 N. W. Case

a An article dy Ai Turpin and a book entitled ,

“Les Appiications Practiquzs pes Onpex’s' Exzo-
mans, pages 30 to 31, published in 1902 (Plaintiff’s

Exhibit 62 in Marconi v. Du Fonnsr on: FLEMING Far. a

ENT) ;

LA Tolar ‘Lim Fiuarr.

a

“mmiques,”” by J. Bovlaxonn and G. Fannie, Seventh Rdi-
tion, 1907, pages 260 to 265 (Plaintiff’s Exhibit 123, No.

6A. M. ROONI v. DeForest on F.Lemine Fan.

. 7 . 1
. . N .
— . ;
*
s ° —
2 — | i. *

8

. Laxonum:

ee Defendant’ 8 Bil of. Particulars

71 : 7 * : has ae

—

Apprrion an Berus

5 LuamNrELd, KOSENTHAL! ¢

Fort. aus. den Gebiet der Roentgen Strablen
Bd. 18, 256. “Fer

Rois, Boston, 1903:
Notes on X Lights.

ELSTER & Gxrrxl.: ö N
Wied. Ann., V. 38, 1889, „ * a

| GoLpsTEIN: | aye

5 Wied. Ann., V. 24, 1885, 83. 5

_Pror. ‘Quran:

Phil. Meg., AV, 5. 3058, 1873.

Coolabon:

Phys. Rev., 2, p. pe 1913.
Soppy: —
Phys. Zeit., v. 9, 8 (2908),
LaNncMuIR: * — : op
Phys. Rev., 2, 450, 1913; | Porn Ss
Phys: Zeit., 15, 516, 1914. 5

MBA:

Trans., Varun, Soe. 14, 1 (4019).
Jour. Am. Chem. Soe., 37, 1139 (1915) ;
Jour. Am. Chem. Soc., 38, 2221 (1916).

Warsz:

Trans. Am. LE E., 31, 921 (4912) vw

fiacenov:
Phys. Rev., 13, 415 (1919).

Sxinunn: site

Ann. d. Phys, 50, 769 (1916) ;
F Mag., 12, 481 (1906);
Phys. Rev., 21, 1169 (1905).

‘Hacenow:

| Defendant’ 8 Bill of Particulars i 17

Lxen bm, 5 ö

G. R. Rev., 5 1915 ‘ce
is tt) June, 1920. N 1
July, 1920.

Phys. Rev., 13, 415, 1010.

0 CAMPBELL ee * .

Phil. Mag, 4i, 685 (1921) *
Phil. Mag., 40, 585 11 255 nne

IAxduum:

Prans. A. 1. E. E., 30, 1921 (1913).

Nets e eme b ;
Phys. Rev., 5, 223 (1915) 1 * sai"
Engineering, Jan. 14 ARR N

Proc. Rox Soc.:

3835 K. 219 (1911); N
Zeit. d. Deutsch. Phys. Ges., 13, 271 (1511)
Thys. Rev., 4, 401 (1914) 8.
Jour. Am. Chem. Soc., 35, 931 (h

Suppy & MACKENZIE:

. Proc, Roy. Soe., 80, A, 92 (908).

an eee .

1. 1 TELEGRAPHIE Sams Fi er Les Oxpas, Nano- :
TRIQUES,”” Paris, 1909, Bovuaneer and Fenrir.

2. Proc. Roy. Soc., Feb., 1890, Crookes.

3. Asm, D. Puys, U. Cuem., Bd. XVI, Exsrex &
Garren. Also. ig Aux, 38 p. 27. Also amu
Axx., * p. 166.

. 7 0
4. Fri! a

a. Proc. Roy. Inst., ben. 1800-1802, PP. 84
10 495, a

5 : ; e 3 5 .
; . 9 ,
1 92
. * . *
. 8 9 * tad 0
‘ . .
— , .
ö N it: ——— *
. 0 N 1. „

„ | Defendants Bill of Particulars

b. The Conduetion and Meagurement pf Eleo-
* tric Waves, 1906; .
0. Ionized gas detectors, 1910 ed.;

d. Technies, April, 1905;
ey Prog val Soc, 14. p. 476-487, 1600

5. Bernt
N Foa ALL: E. E., Oct, 1906,

6. ‘Dewar:
\ Nature, July 15, 16750
: -\Charcoal, Vacua; ~*~ ent \"
Proc. Roy. Soc., June, 1904; | at
Proc., Roy. Soe, Dec, 1898.

* 7. Buro nin:
The Wireless Age, Jan, 1014
„ 8. Lawemum: + | : @ |
Proe. I. k. , Sept, 118.
9. Manx Warr: ‘
Edinburgh Philogophica® J Journal, 1828.

10. Wenx RI: a
a. Ann. d. Phys., 14 425 (1904).

11. Mnnrrr & Srxwanr: f
Phys. Rev., Apr. (1904), 239 239.

12. Pur nn
Tue Electrician, Apr. 4 (1885).

In addition to the foregoing, the patents and 2
‘ications förming part of the record of OLD v. Lano-

muir, Interference No. 40,380, of which 2 hc, |
copies,

2. The inistance. or . of prior knowledge
and use defendant will attempt to prove at the trial ot
this cause under paragraph 6 of its answer are:

. \

a

~ Defendant's Bit of Particulars sid 19

n. D. Anno and Wrermm E o Com-
pany, of and at New York City and e hike wee:
appears in the record of the Arnotp v. Lanomumr: °
Interference above identified. M Hui, Hew-

* Lert, CLARK, LaMost, Beat, TEL, DMAN,. War-

xins and DiForest, as appears in the testimony

täken in San. Francisco, California, in dux,

Evectric COMPANY v. DeForest Rabro, TeLerHone

and TrLTOnAvUN Company and McPursen RAD
ELxOTnO Corporation, in Equity, United States

F

District Court, Eastern District: of New York,

1723-1724, a copy of which counse} for plaintiff has
in his possession and the taking of which testimony

was attended by counsel for plaintiff.

ov é

3. The instance or - instances of prior | owledge, |

/ invention and use defendant. will attempt to prove at.
che trial, of, this cause under paragraph 8 of the an-
_ swer are ‘those set forth i in paragraphs 1 and 2 of this

bill. of particulars. |

4 *
4. The instance or instances of prior publications

of the alleged invention which defendant will attempt
& prove under paragraph 7 of its answer are. those
det forth in paragraphe 1 and 2 hereof ert .

* N

IRE DeFOREST RADIO br a

By (Sed) Daysy & Dansy,
*

(Sgd.) E. E. Bent
(Sgd.) Dany & Dansy, -

_ Solicitors for Defendant. |
1 ‘ n * >. : | ”
(Spa.) S. E. Daksy, In., © RY .

0 Counsel. a

„„ plemental Bilt of Particulars, No. 6.

ere " getvibe of a copy of the Within bill of particulars. 10
„ ame wied gd this 2d day of October, „ ; 2 1
a 2 x . - 1 *

Me Bill of Complainit, No. 696

copy of po letters patent and prays that the same |
may be taken as part of this bin. ! bi.

Third. That on and prior to the twenty- sigue ö
day of October, 1915, Irving Langmuir, of Schenectady,
New Vork, was the original, first and sole inventor of
certain new and useful improvements in Electron Dis:
charge Apparatus and Method of Operating the Same,
not known or used by others in this country before his
invention or discovery thereof, and not patented or de-

seribed in any printed publication in this or any for. ;

eign country before his invention or discovery thereof,
or more than two years prior to his application for let-
ters patent of the United States hereinafter mentioned
and not in public use or on sale in this country for
more than two years prior to his said application, and
not abandoned by him prior to his said application, and
not patented or. caused to be patented by him or his
legal representatives or assigns in any foreign coun-

‘try upon an application filed more-than twelve months :

— prior to the filing of his said application in this coun- 4

a

try. And that being such original, first and sole
inventor, said Langmuir did on the said twenty-eighth
day of October, 1915, make application in due form of-
law. to the Commissioner of Patents of the United
States for letters patent for such invention and duly
__ swore. to the specification thereof and requested the

„Commissioner of Patents to issue to him any. letters

patent which might be granted on his said invention,
and then and there in all respects complied with the
necessary conditions and requirements of ‘the statutes -

of the United States in such case made and provided,

and duly assigned said invention and application and
the letters patent to be issued pursuant to said appli-
cation by proper assignment in writing duly executed

and delivered to the plaintiff, General Electric Com-

pany. That thereupon such proceedings were had with’

" &

Bill of Complaint, No, . 3 5 25 5

dee to the said invention and application that on.
the twenty-third day of October, 1917, Letters Patent
No. 1,244;217 were duly issued to said plaintiff for said
invention and on said application i in conformity with

te requirements of the statutes in such case made and
provided. And the plaintiff brings here into cohrt a
3 duly authenticated copy of said letters patent and

prays that the same may be erer as part of this bill.

Fourth. —That on and, prior to the eleventh day of
Augusty 1921; Irving Langmuir, of Schenectady, New
York, was the original, first and sole inventor of cer-

tain new and useful improvements in Electron Emitting —
Device and Method of Preparation, not known or u@d

by others in this country before his invention or dis-

. covery thereof, and not patented or described.in any
printed publication in this or any foreign country be-

fore his invention or r discovery thereof, ¢ or more than
years prior to his application for letters patent of

the United States hereinafter mentioned, and not in

public use or on sale in this country for more than two
years prior to his said application, and not abandoned

by him prior to his said application, and not patented _
or caused to be patented by him or his legal represen- :

tatives or assigns in any foreign country upon an ap-
- plication filed more than twelve months prior to the

filing of his said application in this country. And that

being such original, first and sole inventor, said Lang-
muir did on the said eleventh day of August, 1921,

make application in dué form of law to the Commis-

~- sioner of Patents of the United States for letters pat- :

ent for such invention and duly swore to the specifica-
tion thereof and requested the Commissioner of Patents

to issue to him any letters patent which might be

granted on his said invention, and then and there in all
‘respects complied with the necessary conditions and re-

2 eee of the statutes of the United States i in such

5 5 8
‘ 4 -~ ° «
. * .
1 5 : x —
‘ 8
— 4 - * .-

: . —

. 2

4

~—_

1

. vf : . 5 : j . : 7 * .
26 i Bill of Complaint, No, 598

case made and provided, and duly assigned said 1

vention and application and the letters patent to bs

issued pursuant to said application by proper assign.

ment in writing duly executed and delivered to the
plaintiff, General Electrie Company. That thereupon
such proceedings were had with respect to the said
invention and application that on the tenth day of
March, 1925, Letters Patent No. 1,529,597. were duly

issued to said plaintiff for said invention and on gad

application in conformity with the requirements of the:
statutes in such case made and provided. And the
plaintiff brings here into court a duly authenticated

copy of said letters patent and prays that the same may

be taken as part of this bill.

Eirtu That by virtue of the said several assign-
ments and of the grant of the said several letters pat-
ent, as above set forth, the plaintiff became. on the date
of grant of each of said several letters patent and that

it has ever since been and now is possessed of and
vested with the full and entire right, title and interest

in and to each of said several inventions and letters
Wen | :

Sivth That the said defendant, the De Forest

Radio Company, has been, since the grant of said let-
ters patent as aforesaid and prior to the xecution of ©
this bill of complaint, at Wilmington, Delaware, and

elsewhere within the United States, and still is without
license or permission of the plaintiff and in infringe-

ment of said letters patent practicing and causing to
be practiced the inventions in said several letters pat-

ent, and each and every thereof, set forth and claimed,

and has been and still is making, using and selling or

causing to be made, used and sold electron discharge

apparatus prepared, employing, containing and oper.
. in accordance with the inventions i in said several,

*

Bill of Complaint, No. we 27

letters . set forth and claimed, all to the ene :
great damage. l J

, ent- That the said defendans hee en daly
notified of said letters patent and of its infringement
thereof 1 in violation of the plaintiſt s rights thereunder. a

ihth. —That the said defendant is prepared aud
ready to continue said infringement, and unless re-

irreparable damage from such unlawful acts of said.
defendant, and that said defendant has derived and
received and still is deriving and receiving from said
ifring! acts great gain and profits.

: W plaintiff prays that an 8 be
taken of the profits received by said defendant and the
damages suffered by the plaintiff in the premises; that
said defendant and its officers, servants, agents em-
ployees, workmen and confederatés may be.perpetually
restrained and enjoined by the decree and injunction —
of this Court from lirectly or indirectly infringing
upon plaintiff’s said @gveral letters patent or any there-
of; that said defendant may bé decreed to pay the costs
of thie suit and may. also be enjoined and restrained
as aforesaid during the pendency of this suit; and that
the plaintiff may have such other and further relief as
to this Honorable Gourt may seem meet.

GEN ERAL ELECTRIC COMPAN 1
By (Sad. ): Francis C. Pratt,

e il 3 eee
(Sgd.) Sanuk. Owen Epmonps,. :
(Sgd.) Wu. G. Manarry, ee

Solicitors for Plaintiff.

(Sgd.) Samvugn Owen Epmonps, | | :
Py Counsel for Plaintiff. ä 5 .

strained therefrom the plaintiff will suffer great and ais

28 Bill of Complaint, No. 598

Sraze or New York, . *
Couyty OF Scuenzctapy, abe

Fa C. Pnarr, being duly sworn, eee and
says that he is a Vice-President of General Electric
Company, the plaintiff nained in the foregging bill of
complaint; that he has read said bill of complaint and
knows the contents thereof; that the same is true of his
own knowledge save in so far as the same is@herein
stated to be upon information and belief, and as to
those parts he believes it to be true. And he does fur!
ther depose and say that he verily believes said Irving
Langmuir to have been the first, original and -sole in-
ventor of the several inventions in said Letters Patent
Nos. 1,244,216, 1,244,217 and 1, 529, 597 set forth.

Gd FRANCIS O. PRATT.

- @pbecritied and sworn to before mie, this twenty. .
third day of April, 1926. * a
“Bed ) Haun Onrorp,

(Seal) © | e Notary Publ,

My
wy

_ Amended Answer, No. 598. 29

|, AMENDED ANSWER.

0 Filed May 1, 1926.7)

‘Ts THE Usrren Status’ Dieta Counr,

von THE Disrnior or DELAWARE,

General Electric te n 7]
| 105
The DeForest Radio den ; * ain
Seely. Defendant. j

| The answer of the DeForest. 14050 Company, de-

fendant herein to the bill of complaint of the Gzwerar ae 5

_ Eugcrrre Company. ‘The defendant, answering, ays:

This defendant denies each and every idlogs: :
tion contained in paragraph ‘‘Second’’ of the bill of -
2 complaint except that it admits having seen what pur-
ports to be a copy of Letters Patent No. 1,244,216,
dated the twenty-third ay of October, 1917. ;

2. This defendant h each · and every 1 8

tion contained in paragraph Third“ of the bill of

complaint except that it admits having seen what pur-
ports to be a copy of Letters Patent No. 1,244, 217,
dated the twenty-third day of October, 1917.

3. This defendant denies . and every ise
tion contained in paragraph „Fourth“ of said com-
plaint, except that it admits having seen what purports
to be a copy of Letters Patent No. 1 529, 5597, dated =
tent day of March, 1925.

ee 4 This defendant ne no peace of the matters
det forth in paragraph Fifth“ of the said bill of com-

*

Amendment to answer filed October 28, 1926.

©

rw

discovery thereof or more than two ye

Se Andes Ae No, 598 *

plaint, and therefore denies the same, and puts plain

tiff to its proof.

5. This defendant denies Cis: and every allega-
tion contained in paragraphs Sixth, Seventh,“
and Eighth' of the bill of complaint.

This defendant further answering the said bill of
complaint avers contrary to the. allegations therein.
contained. es

— 6. That the said 1 Langmuir, was not the

first inventor of or discoverer of any mater
stantial part of the thing patented, but that
was known to and used in this country by others than

r sub-

or to his
application fer the respective Letters Patent of the

Langmuir, before his alleged ro rng or.

- United States therefor, as follows:

Lee ‘DeForest, of and at Palo Alto, California;
G. E. Lamonte of and at- San e Cali-.
hoo fornia. :

7. That the said patentee, Langmuir was not the
original or first-inventor-or discoverer of any material

or substantial part of the respective thing alleged

to be patented, hut that the same had been ‘patented
and described in printed publications in this and for-

eign countries before his alleged invention or discov-

ery thereof, or more than two years prior to his appl®
cation, of which full information of the patents and
publications defendant is not. at present possessed, but

begs leave to add-hereto by Peeper amendment.
us

8. That the things claimed or Sucht to be dals ;
in the respective Langmuir patents do not constitute

lawful subject matter for a patent; that the things pat.

ented were not lawfully patentable in view of the prior

same

V

‘oO

Amended Answer, Wo. 598. 31

att/ and in ae of what was 8 dommonly known to those |
skilled in the art, and in view of the prior inven on,
knowl ‘and use in this country, full information of

which defendant is not at present possessed, but begs
leave to add hereto by proper amendment.

9. That the things ‘claimed or b to be elsimed
in the said Langmuir patents do not constitute patent-
able invention. requiring reward by way of a grant of
letters patent within the meaning and intent of the

United States. Patent Statutes.

| 10. The things claimed or ‘sought to be clainted i in
the said respeetivs Langmuir patents do not consti-
tute lawful subject matter for a patent in that they
are mere aggregations of unrelated. or |

11. That the things attempted to be patented in
He said respective Langmuir patents have been in use or
on sale for more than two years prior to the respective
applications for letters patent by certain persons, f
firms, ian, that is to say, one millionth of one am-
pere, we have-to have about. six million million élec-
_ trons passing through the fircuit per second.

Fleming found in applying this tube to radio that
the i impressing of a radio frequency electromotive |

tee, such as is developed in the receiving circuit of
a radio receiver, upon the two electrodes of his tube
would give a partial rectificatién of the resulting alter-
nating current. He found that there would result, in
- other words; a current which flowed to a larger extent.
in the normal direction of high conductivity through
the tube than in the other Girection.” 5
He was able to use that rectified or converted all:
ee, current to operate an indicator such as a

3 * 4 ‘
: 4 ‘ : .
bm 5 wie 2 8 ‘ 7 ©

*

. which could not bd operated 0 by
the radio frequency currents which the arriving wayes

4 me = Jotn V. L. Hagan

could set up of their own force. ;
The next important practical step in the develop.

ment of the vacuum tube in. radio Was DeForest ’s addi-
tion of the third electrode or grid. A tube of this sort

is shown in Fig. 2 Where it will be recognized that the

cathode or filament a, the anode or plate h and the fila. ©

ment battery c, as well as the representation of thé

tube nnn 1, which I have just, |

discussed. „
In addition to thöse elements, Fig. 2 shows the grid

or sereen- like third electrode d interposed in the space

between the cathode a and the anode b. The diagram

also shows the completed anode circuit from b to the

filament by way of a telephone indicator f and a plate
or anode battery. e, thus returning to the fllament.
Wires g and h are also shown connected, to the |

grid d and to the filament.

The flow, of electrons from the filament to the ;

plate i is the same, speaking generally, in this type pf

tube as in the two-electrode tube, but that current

through the space can be affected us to its amount

the potential, the electric Voltage, to which the grid

is charged at any particular instant.

It was found. that for some purposes it was more

to apply this input er driving vol to the

grid than to the filament, that is to say, to develop 7
that potential een the points g and h, than to ap-

ph it directly. to e plate and filament as would be
. _

Third: That en mne dos hot appear,
page 2, line 11. Sai Loo le Re

Tun ‘Covet: What is that? 3 me 3

Tre Witness: Glass finorescenge is u visible :
effect, often olivs green in appearance, such as ong.
saw in the old X-ray tubes of the Roentgen type

Fourth: That when a sufficient quantity of cleo
trons is provided, that is to say, when the cathode is
hot: enough to avoid saturation at the voltage o
- cerned, the plate current of a simple tube, involving the -
invention, will vary as the 3/2 power of the plate volt-
age. That is described briefly at page 2, lines 13 to 1% :
dar Sen Da SNE Ot Gait the BR gr
is, in a moment. a : 222 *

Fifth: is characioristi is that the curtent
the plate circuit does not vary when the filament tem. |
perature is changed, provided that there is a plentiful
supply of electrons; that is to say, that the operation,
is in the region termed below saturation.” ‘That h

= >

Sixth: ee eee

“ie : |
> ee Given cad te petioles oe 4
: “That is referred to at page 2, lines 105 to, 110. 2
Seventh: That the discharge is and that.
the variations in the discharge, SA varia
ee ee ee leetro

— 0 0

7

John b. L. Hees 7 57

5 A ie dad ‘with ths töhperiküre br tine tai
* and so on, are reproducible changes, regular changes

that will occur the same way, time and time again.

That is referred to at page 2, lines 111 to 114.
The first three of these resulting ‘characteristics,
that is to say; that the cathode is not heated by the

"space current and the blue glow does not appear, and

tit probably would not be profitable to discuss them
now.
The fourth item as to ‘the variation of plate cur-

poh fluorescence does not appear, are 80 simple
tha

rent with the 3/2 power ‘of the plate voltage under the in

condition which requires the catiiode to be hot
to supply plenty of electrons, should be consi

little farther ; that is a delicate test, a metrical test die .

ionization in a simple type of tube: The paterit points
out at page 2, line 19, to line 76, how this variation
may be applied to the tubes of the patent, and also
points out at lines 51 to 56, “page 2, that the 3/2 power
variation may be complicated, or as it is stated in the
patent more or less masked by other simultaneous ef-
. fects going on in a tube having a more complicated

Before we got into that I think it might be worth

while to consider what the 3/2 power is from a simple

numerical viewpoint. It is not a power that one en- 8

counters every day,.as one does squares and cubes and

square roots; but it-was an. exact relation to those 3
every-day powers of numbers; and of course, we have

also to bear in mind that the 3/2 power is a power in
tte mathematical sense and has nothing whatever to
de with ‘electrical or mechanical or with the
_ power limitation of the tube. itis Bimply «double
ins of the same’ word in gur

language.
I thought that the simplest way to get a correct

on of what the 3/2 power is, as a matter of

serge r

ee. *

p

. John V. L. Hogan

ing in accordance with several powers; and to this eng -
. | have prepared. table No. 1. In the left hand column -
are the integers from 1 to 10, and then in the succeed
ing columns, the five powers of those simple numbers

_ which we are likely to encounter. In the first column

is the number itself; in the second column headed
„Square Root’’ is the square root or one-half power
of each of the numbers in the first column. For in.
stance, the square root, of four is given as two, and the
square root of nine ix given as three, as we all ee
nize. In the third column headed First Power,“ the
„ numbers are repeated because each number is the first
power of itself. Skipping the fourth cotumn, which is
the 3/2 power column, and taking the fifth column, we
have the second power or square of each number, and
there it is seen that the square of two is four and three
is nine, as one ordinarily recognizes them. The third
power or cube comes in the last column. . 3
Now, the 3/2 power is the one and one-half power
or the square root of the cube; that is to say, the one-
half power of the third power, the one-half power—.
TR Court: Square root of the eube !
Fun Wrrxuss: Yes. x
Tan Court: Cube · of the square root, is it not! |
Tux Wrrness: It is the same thing exactly, It
does not matter which we do first. It is like four
times two or two times four. It is accurate to state
it either way, your Honor, and it may be stated as
the 3/2 or as the one and one-half power or 15
power, without difference. Now, these numbers, ö
f your Honor will see from an inspection of the 7
lie between the first power-and the second
or square for each number, as one would a
trom the value of the exponent being one and one.
half. If we set up a circuit, a tube circuit, and
arrange matters—I do not know whether we could
a WG

* .

currents, they would come out 1, 1.4, 1.7, 2, and so

it not those even values, they would come out def-

inite multiples of them, because they would be j pro- |
portional to them. Similarly, if the current varies

as the first power, they would follow the voltage
readings. As the square, they would follow the
figures given in the fifth column of this table. &

Now, I hade plotted on a sheet of paper (co-ordi-
ae paper) which I have labelled as Chart A, of Table

1, some of the values of this little Table 1 the simple
powers of numbers, on arithmetic co-ordinate paper.

Here the square root or one-half power is the lowest

curve and we may see that the square root of 4 is 2,

and that the square root of 9 is 3, simply by tracing

the co-ordinates on the paper.

John V. L. Hogan a oo

current varied as the square sik that i is to Say,
the one-half power of the voltage, and then if we
set the voltages successively at ‘one, two, three,

tour, and so on, and measured the corresponding

on, in accordance with this square root column; or

Similarly, I have drawn the first power or linear oe

relation in which the straight line, on ordinary co-
ordinate paper is shown, I have also drawn the one
‘and a half or three halves power and I have drawn
the second power or square and the third power or

_ @abe for these same numbers; so that one may get
from this chart a visual idea of how these curves
‘shape out on ordinary co-ordinate paper.

-~

because when plotted. on ordinary equal spaced co-

ordinate paper, the first power does come out as a

straight line of varied position or varied slope.

Now, further, it is characteristic of these nun- a

de which are related in a power series, that is to

It is interesting to see that in these power series
the first or linear gives the natural straight line curve
or the linear curve; and that is how it got its name,

‘say, whieh 4 are roportionalt to the powers of the num-

a id

words, at the left we have zero, at the middle ten and

an unknown relation and draw a line through

involved are related according to some power relati

0 Jobs F. L. Hogan

bers originally considered, that when their logarithusg
are plotted, or when they are plotted on ordinary log.
arithmic co-ordinate paper, they come out as: straight
lines, whose slope varies with the power, and in order %
to. make that clear I have re-plotted the data of this
table 1 as chart B of table 1 entitled Simple Powers of
Numbers on logarithmic paper. Here-we have as the
first curve, the one for the square root. The first power
is the second curve from the bottom, the one and one.
half power is the third, the second is the fourth, and
the third powér or cube is the fifth. |
Your Honor will note that in each of these « cases
the line is straight but that the slope changes as the
power increases, so that we have a ag slope co |
_ sponding to the 3/2 power. .
These changes in the form of thew curve result from
the changes in the distribution of the numbers on log
arithmic paper, because the lengths both horizontally
and vertically of logarithmic paper are made propor-
tional to the logarithms of the numbers. In other

aut the right one hundred. We can check any of these —
curves against the tabulation as before. Taking for
instance 9 as the number, we run up and go across on
the square root curve to 3, which is the square root
of that. For linear relation we take ten and go up and —
to the left at ten. Similarly with the cube we may take,
three and go up and intersect the cube curve and go
over to 27, which is the 3d-power or cube of 3.
| The utility of logarithmic. paper used in that
f ani I should not say the utility, but one very
important utility is that if we plot some data involving

points representing the individual readings, and if hat
2s line comes out straight, we know that the two variables

PP

d . N
nenn 5 61
power of the other, and more bien that, by determin-

ing the slope of the line, we can find what power con-
nects the two sets of numbers. For instance, if we
did not know. that this second curve was linear, we
could measure the vertical distance here of perhaps
three inches, and then the corresponding horizontal
distance of three inches, and take the ratio between
those measurements and the resulting slope of one
gives the first power. Similarly, if we take the 3/2 |
power curve, we could measure. down perhaps six
“inches and crossing at the same point we get a corre- -
sponding measurement of four inches, which. would
be a ratio of 6 to 4, or 3 to 2, giving us the 3/2 power. |
In that way the exponent can be determined di-
rectly from a plot on logarithmic. paper and that is

why physicists use that paper so much, one of the big-
gest reasons, .
Now, as to what such data may Show shout the

discharge in a vacuum tube. That is discussed in the

patent particuarly on pages 2 and the first part f

page 3. Putting it very briefly, a tube using the Lang-
muir discharge of the patent will in general show a
variation of plate current in accordance with the 3/2

power of the plate voltages at voltages that are mate-

rially above the ionization range, F 1 outlined a
moment ago. 1 i
N A tube that has an amount of gas sufficient for

‘its particular conditions of use and configuration to
contribute by its ionization materially to the ca as
of the discharge and thus to remove the tube from the

pure electron category, will ordinarily show a com-
plete voltage characteristic (that is to say, a curve be-

, tween the plate current and the plate voltage), with oe

‘definite upward trend, away from the 3/2 line, as ‘soon 5
ds the ionization potentials are reached or exceeded,

Page 3, lines 29 to 58, take up that matter and of

course ae in the essential tnnitation that there.must

matter carries over to page

(left in a tube when it is sealed off, or which has come

out the difference between the irregularities produced
below saturation (that is to say, when there are plenty
of electrons), that are due mainly to the disturbing
charge, that is; when gas is present; and on the other

which are due ordinarily to changes in the rate of

' trons from the cathode.

tion on page 2, and particularly on page 2, at line 111

in the papers to which he refers, and

75 That last reference i is page 15 line 6.

66G ͤC ̈ð ͤ ali legen

be enough electrons; that is characteristic of this dis.

cussion. The last part of the paragraph at the mid.
dle of column one on page 3, and the paragraph
immediately below that, ending at line 58, is a well-con- _
densed and extremely good statement of this whole sit.
uation, and I wish to refer to it particularly. The

„beginning at line 102,
where there is a further ien of the residual gas

from the walls of the tube or from the electrodes) and
what it will do in tlie way of producing irregular
is taken up.

In this section of the patent, toward the end of
page 5, and carrying over to page 6, Langmuir points

effect of the resulting positive ions upon the space

hand, irregularities i in the saturation region where tlie :
electrons are all being ‘drawn away from the cathode,

emission, i. e., changes in the rate of emission of elee-

Now, here ig, reference to the space 4 whidh
is mentioned i in the discussion of the 3/2 power rela-.

to page 3, line 8, at page 2, line 124, Langmuir says:

his last mentioned phenomenon, the cur-
rent limiting the effect of the electric field of the
electrons on each other, termed the ‘space charge
effect, i is discussed and analyzed by me, N

ig the basis of the 3/2 power 1 referred to.’ *

Sohn v. E. Hogan | 838

«8 Now, if we determine and plot the plate current

“against. plate voltage relation for a tube of the pat-

. ented type, it is perfectly clear that as the voltage is

‘increased indefinitely, some voltage will use up“ all
the electrons or will carry over all the electrons given
off by the filament: at the given temperature—or all it
will emit.:

In other. words, ers will be some voltage Which
at some particular filament temperature will result in
. saturation, and of course, though we have a variation
ak the plate current as the 3/2 power of the plate volt.
age, and it will come out as a strdight line with a slope
3/2 when plotted on logarithmic paper, thére will bea
certain reduction in slope (and particularly at low fila-
ment temperatures) where there will no, longer be
enough electrons emitted to permit the current to in-
crease in accordance with the 3/2 power wud or in fact,
with any other law. Be

At that point where the electrons are all used

5 up“ the curve will depart from the 3/2 power law or

dlope and bend over to a practically horizontal position
with increase of voltage, because as the voltage goes on
up the tube is saturated and all the electrons are being
used and the current is not being increased, which it
would have to do to follow the law of increase, |

I mention that because the plot or graph drawn.

between practicat determination of the ‘plate current
and the plate voltage often shows a bend of that sort

off to the right and horizontally at the top, and because 5
I want to divide that type of plot into two portions, the
‘one being the space charge portion (that is the straij hf :
doping partzof the curve), and the other the satura ä
portion, which comes at the top and onion that all
the electrons are being used ha cilia eet
T0 follow this 3/2 power variation; ten we must f
Fas plenty of e we must be * 3

64 5 . John V. 1. Hogan

* we must have 8 no ions to neutral
or to offset the electron charges. 3 a
Now, we may consider the other characteristic that
is frequently drawn to show the condition of the dis.
charge within the tubes, and that is the relation of the
plate current as the filament: temperature is varied.
Your Honor will recall that I mentioned in con-
nection with the preliminary discussion of tubes the
two types of characteristic, (1) variation of plate cur.
rent with plate voltage which is that which we have
“now been discussing, and which shows as its straight.
sloping portion the 3/2 power law and beyond that
goes off flat into saturation. This second is a totally
different type of curve, although sometimes one char.
acteristic will look like another. chene though
it is of a different kind..
This type, the type I now wink to consider, i is the
_ graph which shows that variation between plate em.
rent vertical and filament temperature horizontal. That -
curve will have to be taken under a standard condition
of plate voltage, and if we take a relatively low plate

a voltage i in a tube of the first patent we will find that as

the filament temperature i is increased the emission in

. ereases and therefore the plate current increases, be

tain point.

cause the plate voltage i is strong engugh to draw over
all the electrons given off by the ae up to a cer.

ey pet words, the take remains Batorated up. ia’
certain age for a particular voltage, and .
we plot the ee we find that the plate current in-
creases as temperature inereases, and rap ly
the temperature increases, until saturation is ron
At that point—saturation is reached all the time
will have to change that. It is. saturated up to the

: ‘ point where the electrons in the space produce among

themselves a mutual ann et that i is 80 *

J
3 5

* John V. L Hogan a

tmat the particular voltage, the particular plate voltage
_ hich we assume, is unable to pull more ee from the
+ filament.

That then gives us a flat part of the curve ** i
tween · tomper ature and plate current which is on this
type of curve, the space charge portion. In other x 8
words, the space charge and the saturation portions f

© are interchanged in the two families of curves. If on
: this second family, that is, the filament temperature
s — 55 we increase the plate voltage and then begin
again, the tube remains saturated, all the electrons
are being drawn over, as the temperature increases
to a certain higher. point (and practically in a prac-
tical device the same curve is followed for saturation
up to a higher point). Then the space charge shows
a potential which is so great that the new positive
potential assumed for the anode can pull no more
electrons and once more we go off into a iat space
charge portion. wae
Of course, as wé go from tube to be: we may
have complications which will change the absolute
flatness of the space charge portion, we may have a
‘transition from the saturation to the space charge
- portion-in that type of curve, or in the other type of
curve we may have a transition from the space charge
to complete saturation,—in fact, we “usually do. It
does not go by abrupt changes, 3
T Courr: Suppose we take a/five 1 minute
recess.
(After a W recess. ) PA
A. (Continued). These two ted tests based
| won the regular: performance of the pure electron dis-
l , free from ionization, give a crit@al and ac-
curate measure of _ type of — any par. a
‘ticular tube: f
A — test sina as the gas fluorescence or the

66 5 Paks Jonn F. Logon oe 9

blue glow test will not give a prdvise idea of the a |
condition or the discharge condition; The blue glow,
for instance, appeared in the DeForé: it tubes when
they were overloaded and was proof Positive that,
when the blue glow was visible, the tube was Very in.
7 tensely ionized; but before a blue glow will appear, :
that is to say, at lower currents and lower voltages,
and above ionization voltage, there was often a region
of fairly considerable extent in which ionization in
very substantial amounts was going on as would de
shown by a 3/2 power measurement. and vet them 1

was no blue glow visible.

Wherever we have blue glow we have jonizatiag
but we do not have blue glow wherever we have sub-
stantial ionization. Moreover in the part of the char. |

9 5 acteristic in which there is ionization that is con-

old art were usabl |

tributing to the operation of the tube which is above
‘ionization potential and yet which is below the blue
glow point, the De Forest audions were in general the
most sensitive. That is as a general rule the bam,
place to use them.
Now, returning te 1e ee e the portion bi
ginning on page 3, 2, and extending through two
paragraphs has to do mainly with the utility of the
invention. In that part of page 3, Dr. Bangmuir points
‘out that he may use voltagés far above the ionization
voltages with currents that are literally thousands of ©
times greater than the curents at which devices of the
ithout substantial roan ioni- |

zation. nL

The next part the eee at page 3 line

105, and continuing over to page 4, line 59, is a descrip: .

tion of the construction of the forms ‘of tubes illus
trated in the drawings of the patent. In that I would |
ke to. call attention only to.the very end of the se
ond column on: vage 3, which 55 out that the grid

*

John . E. Hogan 2 . *

is h arotind a glass frame 2 tuat the tars of
the wire forming the grid are closely adjacent to each

other and are closely adjacent to but of course, out of 5

“contact. with, the filament or incandescent. cathode.

That type of grid construction is very different

from the grid of the DeForest tube of the old art and
is a sort of a grid that is particularly desirable in a

space charge tube, that is fo say, a tube of the sort

here. It is a type of grid which gives strong control
of the plate current and produces’ therefore a Wisk
amplification,

The portion of this general section of the speci- :
fication beginning at page 4, line 12; describes the

three: electrode tube and that beginning at page 4,

line 33, describes the two-electrode tube, and also

ö points out that in some cases it is desirable to use a
Plate shaped anode instead of the wire anode or fila-
mentary anode which is shown in connection with Fig.

1 of the patent. The plate shaped anodes are shown .

_ at 20 and 21 of Fig. 2.
The next portion of the 3 3 at

ö page 4, line 60, and continuing through that page and.
_ over into page 5 has to do with the preparation of the
device, the mechanical or constructional agai nob hav-

ing already been described.

This detailed statement of the steps which Peng :

‘muir took in building these first pure electron tubes

is very. complete and very interesting. I am not going
to ‘go through it in detail, but I am simply going to

summarize it by saying that it is important to include
heating of the glass tube, of the filament, and of the

metal electrodes to an extent and for a time that will :

make it. practically: impossible for any of those ele-

ments tg give off further gas in the later and pontine. .

layer operation of the tube in service.
Second, that while these treatments are being

roe

„ Xi ‘John v. E. Hogan 44%

1 N
carried on, it is important to remove by the best ex.
haust means available substantially all of the gases
that are evolved from the various parts of the bulb
or that were originally free within the bulb, and fo
keep them out.

_How far that evacuation has to go. in terms of
pressure is not at all material.. The important thing
is to carry it to a point beyond which it is unnecessary
: to go in order to avoid the harmful ionization effects,
Of course, as in any manufacturing | process there

is a factor of safety; there is a series of Pane

which should be observed simply out of abu
precaiition, so that if one determined for a aral
type of tube fair operation was had at u certain res.

ure, it would not be good manufacturing practice u
put those tubes through the factory for that pressure
and no lower: It would be much better to evacuate

further than is necessary 80 long as kunt! is not a tre-

: mendously costly operation. —

Langmuir says at page 5, line 3, that

_ The evacuation of the device should be sl | |
erably carried to a pressure ag low as a few hun »
dredths of a micron, or even lower, but no definite

- limits can be assigned. The residual gas pressure

should be below the. value at which working
collision will take create at the given ii. vo
age and current. 9 ‘

an) that is the foot rule by which any partie 4
| design f tube should be measured. As.an. example be
gives a few hundredths of a micron. A micron isa
millionth part of a meter and an atmosphere is 70%
millimeters of mercury. column pressure indication or.
about three-quarters of a meter.

One micron then is one one-thousandth of a mill
meter mercury pressure: and the fraction stated, ap-
proximately a few hundredths of a micron, would be

9 aad

.

John Ve. L. Hoes oe "69

nn in millimeters of mercury as 00001 to 3

00003 or. 00004.
There then come on page 5 some ee to

otller applications beginning a line 35, the circuits,

„chown at the lower part of the drawings in Fig. 4 and

Fig. 5 are described. The first of these is for detect-

0

ing electromagnetic waves in radio telegraphy, that is

to say, it shows the use of a pure electron tube as a

detector, and Fig. 5, described. beginning at line 75,

shows the tube for the- ‘production of: alternating: ur-

|

rents from direct currents, that is to say as a generator
- of electrical oscillations.

There are of course other uses of the discharge,
typical of the patent. I have mentionel telephony am-
plification, X-ray work, and so on, and in all of those
the features of, the new: art tubes, using the pure elec-
tron discharge and avoiding. the positive ionization,

that stand out above all other features are the uni-

formity of operation and the high load capacity:
Tubes which have these outstanding advantages

* ‘have the other features and characteristics. that-I-have

described, but those are the two things that havé made

*

the tremendous commercial advance s the result of .

this invention. aß

It think that answers your question, Mr. Howson,
Mn. Howson: I will offer in evidence the table

of powers of numbers which the witness produced

and referred to. 2
(Received in evidence and marked Plain

tiff’s Exhibit No. 13.“ See Volume IV, er „ .

Exhibits, page 330)
Mx. Howson: I offer in evidence the Chart A
of the table of Exhibit 13, produced and referred

Ee to by the witness.

(Received in evidence and ad „Plain

| üs Exhibit No. 14.“ See Volume: Iv, l 2

| ee 8

—

+ .

oe

31

* Mn. Epmonps:

8 2 | | 5 : a fon
70 hale v. L. Hogan
im 1 offer in a Chart B of the table of Er
hibit 13, produced and referred to by the witness,
9 ( Received in evidence and marked “ Plain
. “tiff’s Exhibit No. 15.“ See Volume I V, Plaintif'’s
Exhibits, page 38.)
Mr. Howson: May I ask your Honor’ aper
mission to ask Mr. Edmonds to continue the exam. ‘
ination since it relates to the patents in the casé
in which he is interested. . f
f Tue Covrt:! In the absence of objection’ you
may proceed. 3 *. f

Q. 7. Mr. Hogan, will you now turn to the Lang. :

“muir patent in suit No. 1,244,216 and say what vou find

to be the characteristic features of the. een tube set
forth.in-that patent! ai

A. This second patent in suit describes the i inven-
tion as relating to electrical discharge devices operat-
ing with a pure electron discharge and as comprising a

novel cathode material and the method of its prepara-

tion. *
The . of the invention appears at

page 1, line 10, and is immediately followed by a refer- —
. ence to Langmuir 8 previous application, Serial No.

795,610, which resulted in the first patent in suit here,
This partienlar invention has, to de with the

cathode or fllament in such a pure electron tube. The

third paragraph of the specification running down to

line 28, gives some of the characteristics of the pure
electron tubes that I have discussed in connection with

Ahe first patent.

Then beginning at line 29, Dr. Tan points 1

a oll that various refractory materials such as Ce |
sed a8

carbon, tungsten and molybdenum have been u
cathode materials and that it has been found that the
emissivity of electrons: of these various materials. while

uw ®

7225 .

difering in some deres! is of the anie order of magni- N

tude⸗- |
We might also include tanta um in the list of. re-

kfractory matérials that have been used as cathodes i in
these vacuum tubes, and the thre , tantalum, tungsten
and molybdenum, may be classi ed ag highly refrac-
tory metals used for filaments. |.

Langmuir continues at line 6, pointing * that
he has discovered that the electron emissivity of pure

thorium, the metal thorium, is of an entirely different :

order of magnitude than the emission of refractory
materials theretofore used in elpotrical discharge de-
Vices. 4

He points out at Une 40 that in order to get the
5 high emissivity characteristic of thorium it is not;nec- .
éssary that the electrodes should ‘consist enti rely of
_ thorium, and he explains that when ¢horiym or a thor-

a John v. L. Hogan he as

a

um compound is added to one of the highly refractory 5

materials such as tungsten and the metal is given a
f prelimmary heat treatment in high vacuum, the elec-
tron emission’ in the high vacuum is.tremendously i in-
greased. . 1

He Points. out at line 49 that the increase emissiv- .

ity is not due “to the presence of thorium oxid in the
vay calcium oxid and other oxids have been used on

the so-called Wehnelt fllament, that is, painted on the

surface of a platinum har or put on by dipping into a
solution and allowing the solution to dry, thus giving
acoating of calcium or other oxid material en to
the surface of the platinum.
He says that this high emission of . is a
property of metallic thorium on the surface of the
cathode, and the phrase on the surface of the cath-

ode“ in this connection refers tothe atomie layer of gh

thorium on the surface of the cathone, and not to a &

aye painted on, 80 to speak,

72 John 5. 1. oe

He then describes (heginniting at line 56), the ws
ratus which is suitable for preparing and utilizing 4
thoriated cathode for this high emission purpose, and
‘describes (beginning at line 71) the Fig. 1 ane 5
in detail.
5 In Fig. 1 the anode is * produced by vaporizing
tungsten from one filament on to the inside wall of the
vacuum tube itself, the tube being connected to a pump
through a freezing bath shown at the bottom of Fig,
1 which may contain a air or even an ive and salt
mixture. Either of those éxpedients would be sufficient
to prevent mercury or other vapors from the puiap:
ing system from getting back into the tube ‘which is
being evacuated, and this-is a very simple proposition,
Beginning at line 87, he points, out that prelimi:
‘“nary evacuation is followed out by usual methods of
producing high vacuum, including baking, and that a
final stage: of evacuation is preferably but not neces.
sarily carried out by a Gaede molecular pump to the
highegt pos ible vacuum obtained by its use, and be
_ characterizes that as about one one-thous#ndth micron. -
. Beginning at line 95, he states that while the ap-
paratus is still on the pump, the filaments are heated
‘and then the apparatus may be sealed off. It may be
immersed in liquid air and the filament aged by further
‘heating for about a half an cng to a temperature of”
2400 to 2500° K. |
Putting the tube in liquid air will of course cdn- -
dense any condensible N within the tube and hold
them trapped to the wa It is a step of ee
Caution. 8
Then the filament 3 is incandesced and vapor
and by that process produces a gas-free coating of
tungsten on the inner surface of the glass tube, that
is to say, the filament is actually burned out or vapor
ized rapidly i in oe tube and the ee of mein .

4 ele I. L Hogan wee
tungsten travel across and rest on ‘the cold wall. of the
tube in a tungsten film which, may be used, by connect-:
ing through the wires 12 and 13 of Fig. 1, as the anode. .

It is a method of preparing a gas- free anode which |
Langmuir has described. in another application that 2
was co- pending with this one. f 9 7

Another result of that vaporizing of ‘tungsten is
to remove additional traces of gas from the inside of
the tube, so that a very elean tube is produced.

Page 2, line 19describes how the filament 2 may
be prepared and is a brief summary of the prepara-
tion of a thoriated tungsten filament, that istp say, the
metal tungsten filament containing a small rene 5
of thorium oxid or thoria.
lle points ovt that the percentages of thoria my

vary. The actual wires used in vacuum tubes have
tho#ia contents from half of one per cent. to one and.“
one-quarter per cent. or thereabouts. __
le points out ‘at-line 33, that the — o
the thorium compound in the cathode makes 4 little dif-
ference within the limits he states, and little difference
in the maximum electron emission which may be 1 ae
tdined under. the best conditions, but that the desired
active condition of the filament may be reached and
maintained with greater ease if there is a larger opener :
than a smaller amount of thoria in the yates ,
. Beginning on page 2, line 43, he 3
treatment of the thoriated cathode which £4 the case
of Fig. 1 is now filament 2, filament 3 having been-used
up to take care of the vacuum and to ee the kung. f
sten anode upon the surface: 5

He first héats this filament to a high 8

and points out that that has no marked effect on the, |
subsequent electron emission, that is to say, if one
simply heated the filament to a high temperature of

4900° K. or r absolute and then went ahead “= „

.

2

5 ment.

*

N 70 . bone J. 6 Hogan

it, that prior. en would have had no-réal elke.
upon the later emission of the filament,”
It is not enough to bring about this 6 emis.

sion to which the patent. is directed. It does clean any
foreign materials from the surface of the filament and
puts it in-good shape for the further treatment., It
Also Kas the effect of reducing some of the thorium

oxid or thoria to thorium matal within the interior of 8
tlie filament. :

“The seeond step déscribed bewine at line 49 as 5
incandescing the filament to somewhere within the
range of about 2000 to 2400° K. and it is said that
by this temperature treatment some change “48 pro-
duced in the cathode which enormously increases

its electron omitting property wider the condition de-

seribed. fe
: He says further at one 54, e dt

„The greatest activity is obtained between
about 2200 degrees to
treatment at this temperature is usually continued |
kor about one minute, but even outside of this
range a marked change i is produced.“ *

That step is wat we ordinarily call activating the

It is. deseribed beginning at line 59 by the state -
ment that a concentration of metallic thorium or. of

dome other oxidizible thorium material tikes place

on the surface of the material so t e filament mi
then be used as a cathode at a emperature below this
forming or activating temperature. In other words,
having a reserve of thorium metal within the filament —
structure, produced by the reduction of the thorinm
oxid or thoria, the activating treatnient preferably at -
„2200 or 2300° K. brings out some of that thorium’ —
metal by a diffusion process to the surface of the fila-
ment as stated at line 62, and there forms this atomie

0

degrees K. and the

*

John V. L. Bohn 78

| ‘layer of pure clean: thorium held to the clean tungsten,
surface of the filament.

At the top of the. second. column, line 66, Dr. Lang-

muir points out that witli a filament th prepared he
has obtained at temperatures of about to 1380

K. substantially the same electron emission per square
N as with a pure. tungsten en at about

— difference in temperature there, trom 1300%
to 2000 does not look so very much as a mere matter

of numbers, but when we remember that the emission
goes up with tremendousespeed as the temperature i in-
creases: we c

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386008_0055%3A01. Public record. Not legal advice.
