Respondents Brief — Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.

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FILE COPY

© IN THE

Supreme Court of the United States

OCTOBER TERM, 1934.

No. 255. 2 5 6

ALTOONA PUBLIX THEATRES, INC.,

Petitioner,

and

WILMER & VINCENT CORPORATION and LOCUST

STREET REAL ESTATE COMPANY,

Petitioners,

vs.

AMERICAN TRI-ERGON CORPORATION and

TRI-ERGON HOLDING, A. G.,

Respondents.

On Perition ror A Writ or CERTIORARI TO THE CIRCUIT

Court or AppeaLs ror TF® Txurrp CIRcvIrT.

COPY OF THE PATENT IN SUIT TO ACCOMPANY

RESPONDENTS’ BRIEF.

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PATENT IN SvUIT.

May 21, 1929. H. VOGT ET AL 1,713,726

DEVICE FOR PHONOGRAPHS WITH LINEAR PHONOGRAM CARRIERS

Filed March 20. 1922 3 Sheets-Sheet 1

FIRST HALF—SHEET 1.

a Bai, »-

‘May 21, 1929. 4. VOGT ET AL 1,713,726

DEVICE FOR PHONOGRAPHS WITH LINEAR PHONOGRAM CARRIERS

Filed March 20. 1922 3 Sheets-Sheet 1

SECOND HALF—SHEET 1.

May 21, 1929. H. VOGT ETAL 1,713,726

DEVICE FOR PHONOGRAPHS WITH LINEAR PHONOGRAM CARRIERS

Filed March 20. 1922 3 Sheets—Sheet 2

FIRST HALF—SHEET 2.

May 21, 1929. H. VOGT ETAL 1,713,726

DEVICE FOR PHONOGRAPHS WITH LINEAR PHONOGRAM CARRIERS

Filed March 20. 1922 3 Sheets-Sheet 2

SECOND HALF—SHEET 2.

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May 21, 1929. H. VOGT ET AL 1,713,726

DEVICE FOR PHONOGRAPHS WITH LINEAR PHONOGRAM CARRIERS

Filed March 20. 1922 3 Sheets-Sheet 3

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FIRST HALF—SHEET 3.

May 21, 1929. H. VOGT ET AL 1,713,726

DEVICE FOR PHONOGRAPHS WITH I.INEAR PHONOGRAM CARRIERS

Filed March 20, 1922 3 Sheets-Sheet 3

SECOND HALF—SHEET 3.

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CL CDV UM ctpinure.. Joseph. peigoolle

BY Spe 27

ATTORNEYS

Patented May 21, 1929. 1,713,726

UNITED STATES PATENT OFFICE.

Pans Voct, or Bertin~Witmersporr, aND JosEPH MASSOLLE

AND Joser Ena, oF Ber.in-GRUNEWALD, GERMANY,

Assicnors, By MEsNrE ASSIGNMENTS, TO WILLIAM Fox,

or WoopssBurcH, New York.

Device ror PHonocrapus WITH LINEAR

PHoNnoGRAM CARRIERS.

Application filed March 20, 1922, Serial No. 545,377, and in

Germany March 24, 1921.

The recording and the reproduction of sound waves by

the use of linear phonogram carriers such as film strips,

steel wires, and so forth, can only be effected in absolutely

satisfactory manner, even after the removal of all other

occurring difficulties, when the speed of the record carrier

is uniform both for the receiving and the reproduction, and

when in both cases no variations of any kind occur. Espe-

cially in the case of musical reproductions is the record

extremely sensitive to the slightest variations of speed. _

Consequently, it has hitherto been usual to provide appa-

ratuses such as phonographs and gramophones with speed

regulators. In these apparatuses, however, the problem

of the uniform motion does not assume the same impor-

tance as in the case of sound recording or reproducing

apparatus embodying linear phonogram carriers, such as

photographic sound records on film strips or ribbons be-

cause with the former the record carrier consists of a

cylinder or dise possessing a somewhat considerable mo-

mentum when the desired velocity is imparted thereto which

equalizes any small irregularities in the motion, such as

8

may be caused, for instance, by the driving mechanism. In

the latter case, however, that of phonographs with linear

records, such as film strips, the portion of the record which

is active at a given moment possesses practically no momen-

tum to be taken into consideration. Irregularities in the

motion, such, for instance, as may be caused by the pro-

jections, the teeth, the belts, the connecting places, and so

forth, or by the friction, at the guiding point (the slot,

the magnet, the condenser), become consequently very

much more important with these and thus greatly impair

the periodicity of the sound recorded.

According to the present invention, this draw-back which

attaches to all hitherto known propulsion mechanisms for

linear phonogram records is obviated by the arrangement,

that the light sound record has given to it at the controlling

point the property of a weighty mass. This is attained

by the arrangement that the record carrier (a film strip

or the like) is firmly pressed against one or more rollers

connecting with a heavy rotating mass, so that the record

moves in exact conformity with the rollers and the rotat-

ing mass.

Also, according to the present invention a dependable

and highly efficient optical system is provided for use in

conjunction with moving film strips of the above indicated

character.

Various further and also various more specific objects,

features and advantages will more clearly appear from the

detailed description given below taken in connection with

the accompanying drawings, which form a part of this

specification.

The invention consists in such novel features, arrange-

ments and combinations of parts and methods as may be

shown, described and claimed in connection with the em-

bodiments of the invention herein disclosed by way of

example only.

Constructional examples of the invention are illustrated

in the figures, in which :—

9

Figure 1 is a side elevation of a linear phonogram

carrier. !

Figure 2 is a side elevation of a modified form of phono-

gram carrier.

Figure 3 is a longitudinal section of another form of

phonogram carrier.

Figure 4 is an end view of the form of carrier shown

in Figure 3.

Figure 5 is a view in elevation of a fiy wheel showing

an elastic coupling adaptable to the rear side of the fly

wheels, the face views of which are shown in various of

the other figures.

Figure 6 is a vertical section of the same.

Referring to Fig. 1, partially illustrating sound repro-

ducing apparatus, the phonogram carrier, which in these

illustrations is shown as a film strip bearing a photographic

sound record, moves over the rollers 1’, r?, suitably coupled

by gearing or belting, of which rollers preferably the roller

r? directly driven by the motor is provided with teeth. One

or even both rollers are rigidly connected with rotating

masses as at m’, m*, which give to the film strip f travelling

between them under tension the requisite uniformity of its

motion. Between the rollers r’, r?, there is placed prefer-

ably in a casing A the light-sensitive cell 2 sensitive to

electric light, which is influenced by a light ray passing

from a light source (not shown), through objective o, and

then through the film. The rollers or idlers dr’, dr?, press

the film against the carrier roller r*.

Another construction of the invention as shown in Fig.

2, in which the little irregularities of movement often

caused by the feeding of the film by the teeth or roller r’,

in the Fig. 1 construction, or which are caused by the me-

chanical vibrations of the stretches of film between rollers

r’ and r*, in the Fig. 1 construction, are avoided.

The film f is drawn by the sprocket V to the controlling

point s and is removed from the controlling point by the

roller V*. Between these feeding sprockets, the film is

10

guided over the periphery of a larger roller BR on which it

rests closely by friction, even during the turning motion.

As the roller is rigidly connected with the rotating mass

m, or can be constructed so as to be itself the rotating

mass, the film moves uniformly on in like manner as the

surface of the roller R. For the purpose of pressing the

film upon the roller R, and for the equalizing of irregulari-

ties of motion, there are provided with spring-supported

rollers dr’, dr*, That is, the spring pressed rollers engag-

ing the film at points between the feeding rollers and the

fly wheel roller, thus exert resilient pressure against the

film to force the film into effective engagement with the

fiy wheel and thereby at the same time the film is deflected

from a straight line position, the extent of such deflection

varying slightly with any irregularities in the movement

of the film and its resulting tension, with the result that

any such irregularities are effectively prevented from being

imparted to the film at the point of translation. The light

rays required for the illumination or the transmission of

light through the film are thrown upon the film in the form

of a narrow line by means of the objective 0. When sound

is to be reproduced from the photographic sound record

on the film, the light rays pass through the film strip and

fall upon the photo cell ¢ preferably placed in the interior

of roller R. For this purpose, the roller is either partially

transparent, made of glass, for example, or the part of

the film bearing the sound record projects beyond the non-

transparent parts of the roller.

In the hereinbefore described form of execution of the

invention the driving of the film sound record is however

not effected directly at the point of projection but in front

or behind the same. The driving point of the film can

however, in a further development of the invention, be

arranged directly at the point at which light is projected

through the record. The driving member can, in this case,

be constructed in such a manner that the engaging and

disengaging, of the feeding teeth of the film-feeding

_

ll

sprocket with the perforations of the film, will not affect

the speed of the film at the projection point, i. e., at the

point at which light falls upon the film in recording, or at

which it passes through the film in reproducing.

Figures 3 and 4 show this form of constuction by way

of example. The shaft a journalled at b and c, carries at one

end the feeding-cylinder d which has the customary teeth

designed to engage with the perforations of the film. The

film f is in contact with one‘part of the circumference of

this cylinder, the length of this part corresponding with

the distance between the pressure rollers e and g, Fig. 4.

The driving member h’ such as a gear for example, and also

the fly wheel 1, are keyed upon this shaft and designed to

communicate to the shaft and consequently to the cylinder

d, a uniform revolving speed. The film will consequently

move also with uniform speed, for instance in the direction

g—e. These rollers e—g press the film strip firmly against

the cylinder d so that it lies, without possibility of being

shifted, upon the entire peripheral length of cylinder d

from g to e, because of the feed teeth of cylinder d engaging

with the perforations of the film. The engagement and

disengagement of the feed teeth on cylinder d, with the

perforations of the film, takes place under the pressure of

the rollers g and e, Fig. 4, so that vibrations or jerky

motions of the film band, due to such tooth engagement

or disengagement, no longer make themselves felt at the

point of light projection through the same. The free ends

f—f of the film band are preferably guided by rollers (not

shown) for preliminary winding up in the manner well

known in picture cinematography, so that they form a loop.

It will be understood that the invention is intended par-

ticularly for use in connection with transparent film rec-

ords, on which sound is recorded photographically, by

causing acoustically modulated light to act upon the film

at the control point. Also that, in reproducing, light passes

through the sound record on the film at the control point,

12

and falls upon the photo-cell ¢ to set up currents corre-

sponding, in frequency variations, to the sound record

through which the light has passed. Also, that the film

may pass from a supply reel on which it is wound, at the

starting end, to a reel on which it is progressively wound,

at the final end, as is usual in cinematography. Further,

that the film contemplated may be a talking moving picture

film, containing pictures in addition to the sound record.

Such a record must be fed intermittently past the point

at which the pictures are recorded on the film, or at which

the projection light shines through the pictures in repro-

ducing. In addition there is need of feeding the film uni-

formly past the point at which the sound is recorded or

reproduced. For such film the loop referred to is prefer-

ably formed, between the point of intermittent feed for

picture recording or projection, and the point of uniform

motion for sound recording or reproducing, the production

of such loops in the film being common in cinematography.

For recording purposes a solid cylinder or roller may

be employed in place of the roller d upon which the full

width of the film strip will bear, since in recording the

acoustically modulated light which is to be recorded need

not pass through the film but only need act upon the sensi-

tized upper surface thereof.

For reproducing purposes, a specially constructed roller

d is required. This is for the reason that the light from

the projection light source, condensed by the lens o to a

narrow line at the surface of the film, must pass through

the film and fall upon a light-sensitive element, for instance

the cell 2 with the cathode / and anode p. The cylinder or

roller d in Figure 3 shows a form of construction by way

of example in which the part of the film which carries

the sound record projects beyond the edge of the cylinder.

The light collected by the object glass o to a narrow line,

comes from a suitable known means or source of light pro-

jection so arranged, as indicated for example by the dotted

lines in Figs. 3 and 4, that the converged narrow line of

13

light is substantially focused or impinges upon the area

of translation ¢ on the film as a line running transversely

of the direction of movement of the film.

Certain features of this type of optical system are also

disclosed in our Patent No. 1,590,185, issued June 29, 1926,

application for which was filed on April 4, 1921, and the

claims of which patent relate to divisional subject matter.

_ The sound record as indicated in Fig. 3 may be located

at the outer side of one row of perforations in the film.

The sound record markings can, however, if desired, be

located between the two rows of perforations in the film,

in which case only one row of perforations would be utilized

for feeding the film, these perforations being engaged by

the teeth on roller d nearest to the center of cell z. In this

case the sound record portions of the film would still over-

hang the edge of roller d, the far overhanging edge of the

film, moving along either without a special guidance or

running over a roller with or without feeding teeth, which

roller may be an idler or may be specially driven, as

desired.

Another feature may advantageously be incorporated in

the invention. Ifthe driving shaft of the tone-film revolves

with a low number of revolutions and if a rigid drive is

‘used, the circumferential speed of fly wheels which can be

' practically utilized, will, under certain conditions, not be

sufficient for compensating the speed fluctuations.

According to the invention the driving of the fly wheel

axle is therefore effected with the aid of an elastic coupling,

for instance a spring. This spring can be very feeble as,

at constant speed, it has to overcome only the losses from

friction of the driven part. As however, at the starting

and stopping of the driving mechanism, the inertia of the

fly wheel has to be overcome, it is advantageous to limit

the play of the spring in either direction by a fixed stop.

Figures 5 and 6 show such a form of execution by way

of example. The axle / of the wheel with the rotating mass

? is separate from the driving shaft a’. Upon the latter

14

a lever 2 is arranged which drives the rotating mass

through the intermediary of the spring 3 and of the stud 4

fixed to the fly wheel. Tihe studs 5 which are also fixed on

the fly wheel limit the stroke of the lever 2 at the starting

and at the stopping so that the spring 3 is protected against

excessive tension and against jumping out of position.

‘While the invention has been described in detail with

respect to certain particular preferred examples which give

satisfactory results, it will be understood by those skilled

in the art after understanding the invention that various

changes and modifications may be made without departing

from the spirit and scope of the invention, and it is intended

therefore in the appended claims to cover all such changes

and modifications.

We claim :—

1. In phonographic apparatus in which the sound record

is formed on an elongated carrier of inconsiderable mass,

the combination of means for supporting and progressing

the elongated carrier from one point to another point, and

past an intermediate point at which the record is made on

the carrier in recording or from which the record is taken

from the carrier in reproducing, including a cylinder over

a portion of the periphery of which the carrier passes adja-

cent to said intermediate point, a fly-wheel associated with

said cylinder, and means for rotating said cylinder, under

control of said fly-wheel, at uniform speed.

2. In phonographic apparatus in which the sound record

is formed on an elongated carrier of inconsiderable mass,

the combination of means for supporting and progressing

the elongated carrier from one point to another point, and

past an intermediate point at which the record is made on

the carrier in recording or from which the record is taken

from the carrier in reproducing, including a cylinder over

a portion of the periphery of which the carrier passes adja-

cent to said intermediate point, a fly-wheel associated with

Hs.

15

and imparting uniform rotational movement to said cyl-

inder, a driving member, and connections for driving said

fly-wheel and cylinder from said driving member including

a resilient device for absorbing irregularities of speed in

said driving member.

3. In phonographic apparatus in which the sound rec-

ord is formed on an elongated carrier of inconsiderable

mass, the combination of a cylinder, a fly-wheel associated

therewith, means for rotating said cylinder at ‘uniform

speed under control of said fly-wheel, means for feeding

the carrier upon said cylinder at one point and off there-

from at another point and causing it to adhere closely

thereto without slippage between said points, and means,

between which and the record carrier acoustically modu-

lated energy is transferred, as the carrier moves past the

same, coacting with the carrier when at a position on said

cylinder intermediate said two first named points.

4. In phonographic apparatus in which the sound rec-

ord is photographically formed on a film ribbon of incon-

siderable mass, the combination of a cylinder, a fly-wheel

associated therewith, means for rotating said cylinder at

uniform speed under control of said fly-wheel, means for

feeding a record film ribbon upon said cylinder at one point

and off therefrom at another point and causing it to adhere

closely thereto without slippage between said points, and

means for directing light upon the record film ribbon when

at a position on said cylinder intermediate said two first

named points.

5. In phonographic apparatus in which the sound rec-

ord is formed on an elongated ribbon of inconsiderable

mass, having feeding perforations therein, the combination

of means for supporting and progressing the record ribbon

from one point to another point and past an intermediate

point at which the record is made on the ribbon in recording

16

——

or from which the record is taken from the ribbon in repro-

ducing, including a toothed cylinder over a portion of which

the ribbon passes adjacent to said intermediate point, the

teeth of said cylinder engaging the perforations of the

ribbon, a fly-wheel associated with said cylinder, and means

for rotating said cylinder, under control of said fly-wheel

at uniform speed.

6. In phonographic apparatus in which the sound record

is formed on an elongated ribbon of inconsiderable mass,

having feeding perforations therein, the combination of

means for supporting and progressing the record ribbon

from one point to another point and past an intermediate

point at which the record is made on the ribbon in record-

ing or from which the record is taken from the ribbon in

reproducing, including a cylinder for supporting the record

at said intermediate point, a fly-wheel associated with said

evlinder for causing uniform motion to be imparted to said

cylinder, toothed means engaging the perforations of the

ribbon for feeding the latter over the cylinder, and means

contacting with the ribbon to prevent vibration thereof

when said toothed means are engaging or disengaging the

perforations of the ribbon.

7. In phonographic apparatus in which the sound record

is formed on an elongated carrier of inconsiderable mass,

the combination of means for supporting and progressing

the elongated carrier from one point to another point, and

past an intermediate point at which the record is made on

the carrier in recording or from which the record is taken

from the carrier in reproducing, including a cylinder over

a portion of the periphery of which the carrier passes adja-

cent to said intermediate point, a fly-wheel, a shaft on

which said cylinder and fly-wheel are both secured, a driv-

ing member coaxial with said shaft, a resilient connection

between said driving member and fly-wheel, and stop means

for limiting the amount of yielding of said resilient con-

nection.

OMe:

17

8. In phonographic apparatus in which the sound record

is photographically formed on a film of ribbon of incon-

siderable mass, the combination of a cylinder, a fly-wheel

therewith, means for rotating said cylinder at uniform

speed under control of said fly-wheel, means for feeding a

record film onto said cylinder at one point and off there-

from at another point and causing the film to adhere closely

to the cylinder without slippage between said points, said

film record being arranged to overhang one end of the

cylinder, a photo-cell positioned inwardly of the overhang-

ing position of the film, and means for directing light

through said overhanging portion onto said photo-cell.

9. The method of translating sound or similar vibra-

tions to or from a film record by the use of light varied

in accordance with the sound, which comprises flexing the

. film arcuately longitudinally at the point of translation and

rapidly and uniformly moving the film in a circumferential

direction past said point.

10. An apparatus for translating sound vibrations rep-

resentative of speech, music or the like, to or from a film

record by the use of light varied in accordance with the

sound, which comprises means for imparting to the film a

rapid and uniform motion longitudinally of the film and

for retaining the moving film under tension at the area of

translation, a source of light projection for providing a

line of said light in fixed position, and an objective lens

in the neighborhood of said area of translation on the film

but spaced therefrom for collecting said projected light

and directing the same as a converged narrow line imping-

ing upon said area of translation transversely of the direc-

tion of movement of the film.

11. An apparatus for translating sound vibrations rep-

resentative of speech, music or the like, to or from a film

record by the use of a line of light varied in accordance

with the sound, which comprises means for imparting to

18

the film a rapid and uniform motion longitudinally of the

film, a source of light projection for providing said light,

and an objective lens in the neighborhood of the area of

translation on the film but spaced therefrom for collecting

said projected light and directing the same as a converging

narrow line of light impinging directly on to the film at

a point in the neighborhood of the focal point of said lens.

12. An apparatus for reproducing speech, music or the

like sounds from vibrations recorded on a film, comprising

a photoelectric cell, means for imparting to the film a rapid

and uniform motion longitudinally of the film past said cell,

a source of light projection for providing a line of light .

in fixed position; and an objective lens in the neighborhood

of the area of translation on the film but spaced therefrom

for collecting said projected light and directing the same

as a converged narrow line extending transversely of the

direction of movement of the film and passing through the

area of translation on the film and to said cell.

13. An apparatus for reproducing speech, music or the

like sounds from vibrations recorded on a film, by the use

of a line of light varied in accordance with the sound,

comprising a photoelectric cell, means for imparting to

the film a rapid and uniform motion longitudinally of the

film past said cell, a source of light projection for providing

said light, and an objective lens in the path of said light

and spaced from the film for directing said light as a con-

verging narrow line impinging on the film at a point in

the region of the focal point of said lens, said light passing

through the film and on to said cell, the space between said

lens and the film being free of obstructions to said light.

14. In combination, optical means for translating sound

or similar vibrations to or from a film record by the use

of light varied in accordance with the sound, a constant

speed film feeding mechanism, comprising a continuously

Ea tr:

19

rotating feeding roller, a fly wheel, a roller over which the

film passes and which roller is operatively connected to said

fly wheel, and means to compensate for variations in the

motion of the film arising from small irregularities in the

motion of the film as fed by said feeding roller.

15. In combination, optical means for translating sound

or similar vibrations to or from a film record by the use

of light varied in accordance with the sound, a constant

speed film feeding mechanism, comprising a continuously

rotating feeding roller, a fly wheel, a roller over which the

film passes and which roller is operatively connected to

said fly wheel, means to compensate for variations in the

motion of the film arising from small irregularities in

the motion of the film as fed by said feeding roller, said’

' compensating means including a spring pressed roller en-

gaging the film at a point between said feeding roller and

said fly wheel roller with a resilient pressure causing the

film to be deflected a variable amount in passing over said

spring pressed roller, the extent of such deflection varying

with said irregularities of motion.

16. In combination, optical means for translating sound

or similar vibrations to or from a film record by the use

of light varied in accordance with the sound, a constant

speed film feeding mechanism, comprising a continuously

rotating feeding roller, a fly wheel, a roller over which the

film passes and which roller is operatively connected to

said fly wheel, means to compensate for variations in the

motion of the film arising from small irregularities in the

motion of the film as fed by said feeding roller, said com-

pensating means including a member yieldingly pressing

against the film at a point between said feeding roller and

said fly wheel roller to variably deflect the film from a

straight line path at such point.

20

17. In phonographic apparatus in which the sound rec-

ord is formed on an elongated carrier of inconsiderable

mass, the combination of means for supporting and pro-

gressing the elongated carrier from one point to another

point, and past an intermediate point at which the record

is made on the carrier in recording or from which the

record is taken from the carrier in reproducing, including

a cylinder over a portion of the periphery of which the

carrier passes adjacent to said intermediate point, a fly

wheel operatively associated with said cylinder, said car-

rier progressing means operating to advance the carrier:

past said intermediate point at uniform speed under the

control of said fly wheel.

18. The method of transiating sound or similar vibra-

tions to or from a film record by the use of light varied in

accordance with the sound, comprising rapidly advancing

the film past the point of translation, and subjecting the

motion of the film in passing said point, to the control of

inertia means to effectively eliminate irregularities in the

movement of the film.

19. The method according to claim 18, and in which the

film is yieldingly pressed into contact with a supporting

area immediately adjacent the point of translation, such

pressure cooperating with the inertia control in the elimi-

nation of irregularities in the film motion.

HANS VOGT.

JOSEPH MASSOLLE.

Dr. JOSEF ENGL.

21

CERTIFICATE OF CORRECTION.

Patent No. 1,713,726. Granted May 21, 1929, to

HANS VOGT ET AL.

It is hereby certified that error appears in the printed

specifications of the above numbered patent requiring cor-

rection as follows: Page 2, line 6, for the word ‘‘as’’ read

‘*is’’; line 9, for ‘‘or’’ read ‘‘on’’; line 16, for ‘‘roller’’

read ‘‘sprocket’’, and line 28, for ‘‘with’’ read ‘‘the’’;

page 4, line 113, claim 8, for ‘‘position’’ read ‘‘portion’’;

and that the said Letters Patent should be read w’th these

corrections therein that the same may conform to the rec-

ord of the case in the Patent Office.

Signed and sealed this 2nd day of July, A. D. 1929.

M. J. MOORE,

(Seal) Acting Commissioner of Patents.

FILE COPY

IN THE

Supreme Court of the United States

OCTOBER TERM, 1934.

Nos. 255 and 256.

aah te

ore

ALTOONA PUBLIX THEATRES, INC.,

Petitioner,

and

WILMER & VINCENT CORPORATION and LOCUST

STREET REAL ESTATE COMPANY,

Petitioners,

vs.

AMERICAN TRI-ERGON CORPORATION and

TRI-ERGON HOLDING, A. G.,

Respondents.

BRIEF FOR RESPONDENTS.

/

J THoMas D. THacuHer,

S. Mortimer Warp, Jr.,

Pace S. Hasetron,

| Counsel for Respondents.

’ “ Hue M. Morrts,

of Counsel.

GALLO & AOKERMAN, Inc., 142 Liberty Street, Telephones—Rector 2--5856-7

RS emer men x . PAY RO REIT GOLETA ILE ALES A LICL LOL ELS SY OT RODE IS SE TEI YF TO

SUBJECT INDEX.

Opinions Below

Jurisdiction

Questions Presented

Statement

Summary of Argument

Argument:

Point I. The Invention Was Patentable and Was

Not Anticipated

History of Inventors’ Work

Analysis of Patent

The Disclosure Is Sufficient

Amplifiers

The Claims in Suit

There Is No Anticipation

Sound On Film Machines

Pedersen British Patent

Bock Patent

Byron Patent

Bell & Tainter 341,214

Dragoumis Patent

Duddell Patent

il

PAGE

Rankine, British Article 39

Ries Patent 40

Bell & Tainter 341,213 42

Langmuir Patent 43

Hull Patent 43

Kunz Patent 43

Gabrie French Patent 456,880 44

Hoxie’s Efforts 44

Cylinder and Disc Gramophone Art ...... 46

Edison Patent and Recorder eeccccmssccne 46

Underhill Patent 48

Constable Patent 49

Amet Patent 49

German Nullity Decision and Claim 7 ....... 49

The Motion Picture Art 50

Holst Patent 50

Terwilliger Patent 51

a

R. C. A. and Its Cross Licensees Praised the

Invention and Attempted to Claim It in

Their Later Applications 51

R. C. A. Also Praised the Invention by At-

tempting to Procure Rights Under the

Patent in Suit Before and After Enter-

ing the Commercial Field With Its In-

fringing Machines 53

ill

The Conclusion of Patentable Invention Pred-

icated Upon the Findings of Fact Ap-

proved in Both Courts Below Finds Irre-

sistable Support in the Decisions of this

Court

Point II. The Court Below Did Not Err in Its

Conception of the Invention of the Patent in

Suit

Point III. The Disclaimer Is Valid

Matters in Petitioners’ Brief Not Assigned As

Errors

Conclusion

PAGE

53

58

60

70

71

iv

INDEX OF CASES CITED.

PAGES

Abercrombie & Fitch Co. v. Baldwin, 245 U. S. 198,

206 24

Allied Metal v. Standard Electric, 57 F. (2d) 296 .... 40

American Road Machine Co. v. Pennock, et al., 164

U. S&S. 26 38, 57-8

American Stainless Steel v. Ludlum Steel Co., 290 F.

103, 105 32

American Tri-Ergon Corp. v. Paramount Publix

Corp., No. 254 , 10, 12

Brown v. Gill, 90 U. S. 181, 226 59

Carnegie Steel Co. v. Cambria Iron Co., 185 U. S.

403, 435, 436, 437, 446 ...... 55, 56, 61, 63, 65

Carson v. American Smelting & Refining Co., 4 F.

(2d) 463, 469; 269 U. S. 555 64

Cartridge Co. v. Cartridge Co., 112 U. S. 624,642 0. = 64

Clough v. Gilbert, 106 U. S. 166, 176 50, 51

Cohen v. Virginia, 6 Wheat. 264, 399 66

Concrete Appliances Co. v. Gomery, 269 U. S. 177,

180 16, 57

Cutler-Hammer v. G. E. Co., 6 F. (2d) 376 cennnee 5

Deering v. Harvester Works, 155 U. S. 284 59

DeForest v. G. E. Co., 283 U. S. 664, 675, 685 27, 55

Diamond Rubber Co. v. Consol. Rubber Tire Co., 220

U. S. 428, 435-7, 442 55, 56

Dunbar v. Meyers, 94 U. S. 187, 192- 194 63, 70

Eames v. Andrews, 122 U. S. 40, 55-6, 66 24, 39

Eibel Process Co. v. Minnesota & Ontario Paper Co.,

261 U. S. 45, 59-60, 63, 64, 68 45, 54, 56, 58

Fruehauf Trailer Co. v. Highway Trailer Co., 67 F.

(2d) 558; 54 F. (2d) 691 66

PAGES

Gill (Ira) v. Eliza Wells, 89 U. S.1 59

Grinnell Washing Machine Co. v. Johnson Co., 247 U.

S. 426, 432 : 56, 57

Hailes v. Albany Stove Co., 123 U. S. 582, 587 65, 66

Hailes v. Van Wormer, 87 U.S. 353 56, 57

Heller Bros. v. Crucible Steel Co., 297 F. 39, 43 Ww. «= 24

Hobbs v. Beach, 180 U. S. 383, 391-2, 395-7 24, 56

Home Bldg. & L. Asso’r v. Blaisdell, 290 U. S. 398,

434 66

Hurlbut v. Schillinger, 130 U. S. 456 62, 63, 64

Keystone Driller Co. v. Northwestern Eng. Co., ——

U. S. ——, decided January 7, 1935 56

Krementz v. Cottle, 148 U. S. 556, 559-60 —............53, 55, 56

Ladd v. W. & H. Walker, Inc., 7 F. (2d) 72, 78 40

Loom Co. v. Higgins, 105 U. S. 580, 591-2 55, 56

Magowan v. New York Belting Co., 141 U. S. 332, 343 56

Marconi v. DeForest, 243 Fed. 560, 565 64

Mead-Morrison Mfg. Co. v. Exeter Machine Works,

225 F. 489, 496 24

Michigan Carton Co. v. Sutherland Paper Co., 29 F.

(2d) 179, 184 24

Milburn Co. v. Davis-Bournonville Co., 270 U. S. 390,

399, 401-2 40

Minerals Separation v. Butte, &., Mining Co., 250

U. S. 336, 354 63, 65

O’Reilly v. Morse, 15 How. 62, 121 65

Palmer v. Corning, 156 U. S. 342, 345 56, 57

Parks v. Booth, 102 U. S. 96, 104 33

Philadelphia, et al., v. John DuBois, 79 U. S. 47 —W.. 59

Powers-Kennedy Contracting Corp. v. Concrete Mix-

ing Co., 282 U. S. 175 56

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