Historical Document · 1936
Court transcript for 27 May 1936 in In Equity No. 15,014, the suit over the Rayolite light-ray gallery patents (2,007,082 and 2,007,083). The History of Light Guns dive draws the first light gun's business history from the five days of transcript.
IN THE FOR DISTRICT THE COURT NORTHERN OF THE UNITED DISTRICT EASTERN STATES OF ILLINOIS DIVISION FIRST NATIONAL BANK BUILDING, GHIG PHOEBUS CORPORATION and RAYOLITE RANGE COMPANY, Plaintiffs, -vVs- FORD H. AMUSEMENT DEVICES, INC., E. SCHAYER and NATHAN { \ { | } i | IN EQUITY No. E. SQUIRE, Defendants. ‘REC ALIGE RANKIN, M. STENOGRAPHER, Gourt OR D Chicago May 27-2% 1936 36 June 29 - Ju 8908 CENTRAL INE 15,014 ¢3, IN Opening PIRST NATIONAL BANK BULLDING Opening Statement Statement DEX by Mr. Parker by Mr. Threedy Oe RT Pla intiffs' Prima a William Forest L. Schnellhardt R. Moulton ALIGE M. RANKIN, Court STENOGRAPHER, Alva J. Kenneth -EPHONE CENTRAL 8908 e Re Paci e cic Pro Proofs ofs Direct cross Redirect Recross Redirect Cross Redirect Recross Carter Direct B. Direct Clark Defe Sendan ests' Proots fs roo | Page | | | | Leslie M. Hansen ......... ~°«xDirect First NATIONAL BANK BUILDING, CHICA Callard Livingston ........ | =| Z| = || . 226 280 Recross 290 Redirect 304 Direct 308 Cross 345 Redirect Reeross | 197 Cross Redirect 427 429 a zZ | ——— i E 2 | List of Plaintiffs' Exhibits ..... «.«s.ee 433 «- 434 Z| =*i List of Defendants' Exhibi:ts = ... | | < CENTRAL 1— 8908 ——— 2... + « IN THE FOR DISTRICT THE COURT NORTHERN OF THE DISTRICT EASTERN FIRST NATIONAL BANK BUILDING C RAYOLITE RANGE UNITED oF STATES ILLINOIS DIVISION COMPANY, Pisintitts, -VsFORD E. E. IN EQUITY AMUSEMENT DEVICES, INC., E. SCHAYER and NATHAN SQUIRE, No. 15,014 taken before Judges of said court, Chicago, I1lli- Defendants. PROCEEDINGS Honor, Charles in his court nois, ae and Woodward, E. room commencing had in the testimony of one Federal on Wednesday, the Building, at his May 27, 1936, at 10:00 o'clock, Me ALIGCKH M. RANKIN, Count STENOGIHAPHER, PRESENT: NORMAN S. PARKER, ESQUIRE, FRANCIS W. PARKER, JR., ESQUIRE, representing the plaintiffs; CLARENCE E. THREEDY, ESQUIRE, representing the defendants. WHEREUPON EFPHONE CENTRAL 8908 the following proceedings were had: OPENING STATEMENT BY MR. PARKER I would stipulation title signed interest FIRST NATIONAL BANK BUILDING, ¢ pany, and is Phoebus THE COURT: MR. PARKER: Honor, we self, appears dismiss are 83908 CENTRAL ~-EPHONE was patents. to have the been notice that prejudice as bring COURT: first suit On the that we would the infringes this that patent, as our bill Range a Com- of your the we defendgun it- informed Mr. not rely on patents. two to hearing we would move to Patent No. in the the electric and of the that filed, inspection on file licensee. infringed, at time that event There patent. it is not defendant is now complaint, we would no Also, infringed. of with- 2,007,082; to omit at con- we reference patent. notice Have originally patents, I gave I gave THE bill to Rifle filed. of particular Rayolite be one to amend effect stipulation the on the exclusive two to to please, the on without Court is of moving to that plaintirf, claims later troversy the defendants, ALICE M. RANKIN, GourRtT ER, STRNOGRAPH out prejudice some in for the of perties, this not the the the counsel Threedy, if by When filed structure, first, Corporation Let ant's any like you that a written make order? these two motions MR. <a PARKER: THE COURT: MR. THREEDY: objection sectoceaes The to the to motion Have you clerk has a blank examined the order? for I have not examined the order, the motion to dismiss this bill in question patent without prejudice, Signature, but I have an of complaint as for these rea- sons: FIRST NATIONAL BANK BUILDING, © On January 15th this court entered @ temporary re- eee straining at a show held at THE COURT: Including the gun? MR. THREEDY: THE COURT: MR. THREEDY: ants' to of Including You would is of the bill prejudice may tend recourse TEE COURT: MR. THREEDY: concede damages. Put something defendants the Sherman entitled of from displaying Hotel. gun. true. to I am the be That dismissal ALICE | these device M. RANKIN, Gourtr STENOGRAPHER, without EPHONE CENTRAL 8908 restraining their The | order, We to damages. have this complaint to lessen situation as to that the question in the order willing to do that agree on an order one counsel patent of defend- to protect if though: you. is willing that. will MR. PARKER: We THE COURT: Very well. MR. PARKER: Mr. Threedy defendant's structure. together, us a wiring agreed to give have no stipulation We then. on diagram it. I have the original blue print which are willing to stipulate supplied counsel for plaintiff? that all I presume blue Finer s print MR. THREEDY: MR. PARKER: VATIONAL BANK BUILDING, Cree gram, you you Yes, You Plaintiffs’ is using as Plaintiffs’ stipulate Exhibit 34, THREEDY: Yes. MR. PARKER: I would that this is stipulated. will MR. is that the this particular blue print your Honor like to hand copy is offered to you a dia- supplied copy of the in suit. patent THE COURT: Yes. MR. PARKER: Another marked are 34. Exhibit the we the Plaintiffs’ Exhibit 12, Patent in Suit. This a patent infringement suit, reporter to be submitted on RANKIN, Court STENOGRAPHE I, bill and ALIGK M. THE and ell COURT: be Are side only a moment. taking are taking in open would one You you We examined involved. in which Wait PARKER: neither TELEPHONE CENTRAL 8908 answer, answer. MR. is any now say is submitted on bill Our will it court, any I would like to point Of patent, is involved. testimony? testimony. take this patent as the witnesses parties stipulated that one is depositions. out claims 1, that 2, only 10 and patent 11 only are relied upon. THE COURT: Claims MR. PARKER: That DING, CHL 1, 2, 10 and 11? eae The Ss ners is right. structure of the patent is in manufacture and use. Plaintiffs had manufactured of this target rifle range fall- FIRST NATIONAL BANK Bon ing within the terms They have them manufactured area. had such Their Corporation, sell throughout for all Indiana, which plaintiff the them is Illinois, in the in use ever and are operating machines manufacturing burg patent source selling the has of 1935. and are having them in this since the J. P. See- They are entitled except the States Wisconsin. These are as States in which they are out fifty States and part licensee, machines. United Michigan and early reserved to of States will a operate machines sixty these of themselves. machines and There they are now being some turned out at or the ALIGE M. RANKIN, Court STENOGRAPHER, rate The of four machines The averages being TELEPHONE CENTRAL 8908 day, which which are gross better in will be use are stepped to exceedingly taking number of five dollars a day than up coins for tena aay? successful. found in the box the machines now manufactured. The the a original machines manufactured by Seeburg are machines, but the ones some of original superior are to still in use. which looks bullet of light. so that the rifle range in which a rifle or gun nary rifle, is used to shoot a is employed A mechanism target is a this directed, is patent the of invention the what to and is device the what generally state To an like ordi- the or operator NATIONAL FIRST BANK BUILDING, Catc the is provided target in which the moving one or more photoelectric cells. It for example, as in ome cell, to change way modify its electric laninees on it. In this the case electric its a selenium RANKIN, M. STENOGRAPHER, GOURT cell, a photoelectric of characteristic other target is a moving supports structure which target The the gun. path straight a along in- almost thereafter, directed aims he which in direction in is light of flash a staneously, shortly and trigger a pulls marksman such, a flash when effect or resistance, is photoelectric cell recorded. A signal isa light of employed to results in ALIGE sound a when signal of the sounding that a hit has drop, which may when the whatever and 8908 CENTRAL TELEPHONE it shoots is, at or a gong been target a hit the passing this also a bird simulate or marksman the effect it causes the fall of a animal. In other words, sees signal a bird his vision. running rabbit across moving, to audible some and made, moves is He or or rabbit, his gun bird. if sights flying his marksmanship electric cell, a kill, == made a and is adequate and he scores then the a chime sounds, so defendant's device follows also target falls a hit forward there is on the photo- and he has scored no doubt he has that of hit. The plaintiff's that when so closely I describe defendant's machine machine. No I am also FIRST NATIONAL BANK BUILDING, CHIG describing plaintiff's mentioned is absent The purpose come Each main parts. vious front, scenery to of machines coin operating machine. machine includes, There is the a glass represent or to bring far in sense, or The part a marsh is in a mechanical housing pane. so machine. defendant's these the through from characteristic an in- three cabinet with a light-per- that is seen has or any a hillside some eauseenes RANKIN, GourT STENOGRAPHER, appropriate to In an out-of-door this shooting gallery. cabinet.is a moving structure, causes of including a ALIGE M. motor. The structure. or bird motor The individual simulating Before dead. That ant's machine, finishes TELEPHONE CENTRAL 8908 the is the drops the movement target any suitable number s include target these animal as mentioned. in a coin the machine say, in plaintiff's machine and in defend- in normal operation, after the gun shoots the stops running to ten operator shots, puts machine and is and another 7] coin has to be inserted before starts The score Behind a pane is a series of of light is number indicating <= each These and a perfect record it a machines score is mechanism ten is eleven are again. on plaintiff's electric lights. from to permitted zero ten at shots shots. If each has correct, also. In front ten. for a nickel of the trig- machine goes one FIRST NATIONAL BANK BUILDING, GHIG ger pulls the marksmanship dead with the light from zero to any Then puts left the next skill ing stand, of the serae tire, and various circuits, which a nickel which is In both the gun ten. intermediate or when at The figure, marksman if who second element he pushes the plaintiff's slot not may there wishes coin I need the light in the the control been to which of be anywhere are any misses. try his luck is in the shoot i] the mechanical side switch in go into in detail about. and defendant's machine, machine switch is closed, time the shot the that motor closes the rotates and ALIGE M. RANKIN, CouRT STENOGRAPHER, moves the targets. At permits zero the the user position returned to — TELEPHONE 8908 CENTRAL to have in both zero Then these same mechanical his machines, position, the ten user so takes elements, the counter shots. and is returned the score the machine the gun, three mechanism being to counter is ready which which is the connected the is to i also shoot. third to of each GH other and by flexible the user animal, and cables, aims when the he including rifle is at conductive the satisfied connections; moving target, his he of aim the pulls bird or the trig- causes two ger. Assume main results. to is a that he the first In FIRST NATIONAL BANK BUILDING, machine that indicate solenoid misses. place, a hit. is The The operated trigger a next in thud is and more both pull sounded machines to structure Which differ somewhat in the same way to Each trigger pull uses the marksman is sufficiently to this actuation the light on to photoelectric substantially shots. If score a hit, in addition means, other results The the In two other devices obtain up one closes plifier in of relay this the of tions in both first place duck or rabbit or a ge ce TELEPHONE CENTRAL 8908 rabbit in response cabinet, closes falls duck which other machines, the operate effect. of permitted the fortunate of the in ten and able shot limit to ensue. impingement a relay which same the ALICE M. RANKIN, Gourtr STENOGRAPHER, cell the words, by means but the effect advance counter step. the important shot one in both parties use. circuits which perform plaintiff's drop in upright forward the photoelectric holding position, by gravity and which is released indicate ck osing three defendant's. mechanism, to The cell am-~ func- In the holds the the duck and a hit. In electric the second masnet or mace in the scoring out and the number both machines. In PIRAT NATIONAL, BANK BUILDING, Crt sized and both score counter member is advanced and the light circuit one is so sounds a gong bell Whether the ten anc the machine the target trigger ceases source or pulls he dead. to move That scores completed The motor he the gun is is to the four claims 1, 10 and 11 precisely closed or the the or shift goes in is ener- at the hit. string to shoot a or same not, his ceases cannot solenoid circuit a hit has and is to indicate in claims zero supplementary operator goes that illuminated. a of herein, equivalent the machines end 4 ight place, of rotate any shots and more. The broken. relied upon by plaintiffs read in terms necessity of recourse upon de- RANKIN, STUNOOKAPHEEIC, Gournr fendant's M. doctrine structure, of without any to the equivalents. ALICE As been made submit avoid that the claim which that the to 2, I would TELEPHONE CENTRAL B90A the like is a departure is merely strict terms the claim trigger of substitution to point the claim, a out, as we colorable while which has respectfully attempt taking to everything covers. In plaintiff's when there device, is pulled two as pointed circuits, or out in claim rather two 2, func- | tions are performed. In ee the first place, the circuit in the second place, that bulb is en so that at each trigger the source of light, is closed. And in pull flashed In the defendant's switch and when the in gun the the bulb in on for a brief when the device, the gun light circuit is brok- which is gun, interval. coin is inserted FIRST NATIONAL BANK BUILDING, CH in the the lisht source the operator is starting is thus energized pulls have been his and ten it shots, stays en- SSE SF Me ergsized until ten The mechanical ter masks flapped is directed the the down gets or his trip light and at the The tion, defendant connection which ously trigger flash between source then so of light the trigger and shutter is that released, had. by usim and meanwhile, the same, a a shut- instantane- the light target. funetion, advantages of course, of the combination we submit is are all or the combina- appropriated ALICE M. RANKIN, Court STENOGRAPHER, by the defendant, alent of what prior art no doubt some years the the and instantaneous on ——— i = Se the employment this is a very in particularly as upon by defendants, which in, a patent before that shows, relied namely, TELEPHONE CENTRAL 8908 d plaintiff patents put and to Doucet, patent of a in suit, shutter flashing a patent on these to and control off of a one which two fair equiv- of the they will was issued functions, a light bulb, flash, are de- scribed as equivalents In ILDING, Crt in the body other words, when Griffith of and got his patents, and thereafter to copy the machine made by plaintiff ent, it was already recognized ter and the instantaneous make this earlier filed when the in and break application defendant under that his patent. the flashing of a set Griffith pat- guns shut- the cireuit for the equivalent for an- we free the the com- FIKST NATIONAL BANK Bu bulb were other to ee equivalent. obtain the same from the result defendants APHER,bination Using as a result Claims I would was of thing does as not, their submit, appropriation not like any with to claim 2 and emphasize circuit, or that also what with the any particular electrical circuits, they are old, and enough, photoelectric cells old, as the file It is even old, are as the file shoot flashes of light. electric target range the other patentee circuit, claiming M. RANKIN, Court STEenoar of whole. In connection claims, one out wrapper not naturally wrapper shows, shows. to em- AAG Te ploy wine which is new, is an bination of elements of results. group have the of The parts employed defendants features, modified is the somewhat, have to What we claim and in which a particular obtain certain taken a precisely the say com- sequence same characteristics, functions and parts. They circuits modified the shapes of but somewhat, plaintiff is not claiming any particu- +2 more specific other. It directed is in one sense, and broader in It is the broad combination of of light a photoelectric a bullet shoots is circuit different. is which gun a than claim this which to invention The circuits. electrical specific or limited of terms in stated are upon relied claims the of None circuit. electrical lar a pref- target, a moving and an- NATIONAL FIRST BANK BUILDING, GHIC that ion when the the form steps in the claims As to with defendants, small numbers did they an animal, take place. of in plaintiff's machines, followed installed them an series, a make by a number rather in out financially strong, or twelve of ten initial series of other machines \ and in 1955, Hard- including places, several in in Chicago not was plaintiff the because relationship put were machines other various of plaintiff's background the target the the and falls, fash- such in cell, struck is cell photoelectric drop, put with combination in erably M. RANKIN, ALIGE GouRT STENOGRAPHER, ing's or attempted winter or late spring Morris Froelich, who tiff. Froelich operated the CENTRAL 8908 TELEPHONE was machines machine and see, to saw, er in looked At that place he met a certain the employ of plain- during the coin- that time charge of the convention it that over the at Harding's at was in machine this of 1935. Cart- named man A certain Street. on Madison restaurant in machine was interested thoroughly. Froelich year. very He in the machine Some weeks him showed up and was not patented. The patent would like that time it had not been patented. lied for but had not yet been granted. someone named got Froelich Pullman CHIC. BUILDING, BANK NATIONAL FIRST and of Illinois, | | ployé of his, pany. This ease, and named associated with functions of he not | all the | things him clear, the Harding in his the This machine Carter's s908 CENTRAL TELEPHONE in this Devices, the cor- this plaintiff's Squire and Carter and this produced these but is perfectly one have clear on the at him. with various other which a habit photographs Squire machine machine, have machines we the to make took but sketches it substantially order some over what explained and made worked mind a defendant In and is lost, is machine. only as Com- plaintiff's restaurant beyond, into Radio Utah for having see organization ex-em- Squire in to Then in an Amusement Ford over personally called a machine STENOGRAPHER, RANKIN, GCouRT M. ALICE himself with develop to do, wanted interested Company he and called Carter to he the ap- Gun working time Squire was man defendant. porate that at was who been had Electrical machine this in making Carter, At machine. one made they and the corporation, a formed they him he said turned it as machine this make to Froelich later card. his left he and of details. people has gone of disappearin it and Mr. This first machine which passed out Squire, of the picture, the defendant, the second but cut his that is the machine Eye Devices, on teeth. Seen Then who are defendants in infringer, another Electric case in Honor, Electric Eye enough like the original Carter Morris Froelich was was associated Devices put out this court, catalogs, machine to be before your and they look the same machine FIRST NATIONAL BANK BUILDING, CHIC cifficulties Devices and Company. also They the original have been some degree source with sued and this we of these Electric Eye understand that ssictidiatinate ee —_ Mr. Squire with the also was Electric in Eye Devices In November this present of associated suit was as an Illinois corporation do not know many corporated built, we chines is now in the It is very how court or working month or two Company. that year, a scant filed, with the Ford Amusement and machines, Devices started but out. befor was in They one of their m- is a close family machine, this inter- room. ALIGE M. RANKIN, Gourt STENOGRAPHER, resemblance mediate fore between machine and that this original Carter this final Ford there machine which we have be- us. Strangely tiff so much Ford Amusement CENTRAL 85908 TELEPHONE significant enough, trouble, Devices. had Mr. had He Froelich, some was sort employed who has made of connection by or was plain- with the associated 15 CHICz » with them. He In was other comes down without Carter with Froelich by Carter mediate of in contact words, this a break Squire of the Eye So as any operation is them, at least. whole sequence of this original inspection from to help Electric with plaintiff's him make machine, a machine infringements this and by calling the inter- infringement. FIRST NATIONAL BANK BUILDING far as but they its far outward appearance concerned, are not great. As to the individual them or take much there is concerned may be I do not and as differences —— much of of claims, talk time in my opening statement claim read in detail on that because I will have this of the exhibits which we introducing of defendant's to your on are want to make the some details graphic. device I would like to read one of the claims of the patent in suit. ALIGE M. RANKIN, Gourt STENOGRAPHER, for parties have. COURT: Unless it I think MR. 1 calls both course, THE Claim you PARKER: claims had a shooting is necessary better wait to We leave that in detail will in connection go with which, of complete your record, to into to gallery, the details. the application the circuit of the of defendant's machine. TELEPHONE CENTRAL 8908 16 OPENING Mey this in my action. Out of courtesy ing made he statements and my worthy desire no with and Parker, Mr. defendants the I represent and to Mr. opponent, open- his of thought during Court, I made no attempt to I thought were not to ask your Honor, and I know your Honor, partiesto this cause will grant that request counsel has made to the consists of, how it that to object for proper open- an statement. going I am the to justice in THREEDY train the to Court rs a i his interrupt to part BY MR. Threedy is Mr. of statement ing the cause FIRST NATIONAL BANK BUILDING, Caics on please name my Parker, it STATEMENT pa a Ste sania a disregard to Court as such statements that the defendant's device what to M. RANKIN, GOURT STENOGRAPHER, ALIGE or guring his opening As your Honor is predicated upon the States Letters Griffith CENTRAL 83908 TELEPHONE on an Patent alleged infringe- intentional facts, and informed, on January invention, bill the by the infringement granted call on | prove. was mentioned others defendants these which statement, to alleged are Those strictly plaintiff of charges conspiracies. ments the such and operates, on 2, of complaint defendants 1935, a shooting of Unite to one gallery. This 17 bill The these charges also this To FIRST NATIONAL BANK BUILDING, CHIC, filed their answer. THE COURT: That MR. THREEDY: not Company, MR. THREEDY: the patent bill of complaint is the Ford bill E. H. document what of "Answer you have Nathan your Honor. cmrges the have. Amuse- Ford Defendants and Schayer like to address which defendants Company? Amusement correet, is so- suit. in these a into entered Schayer. and certain That I would of the Inc., ment part infringe is marked, It COURT: having Squire I am THE with mentioned, patent the of infringement defendants to conspiracy called to charging in addition complaint, of with defendants these 2,007,083. the number bears patent Squire." E. the Court first upon that As I stated, as Mr. Parker of complaint is based upon is not an action for has conspiracy. with defendants Court, the informed ALIGE M. RANKIN, STENOGRAPHER, GoURT bill the This damages a charge resulting of infringement. from a civil con- Honor, spiracy. that be will establish to the satisfaction of your order to constitute a civil conspiracy the purpose effected means CENTRAL S908 TELEPHONE in We to be by it must employed be unlawful for its in its nature accomplishment. or These in to the defendants signing and patent in they Our defenses so in act unlawful any commit not did suit, the infringe to alleged device the developing de- perfecting, producing, in that establish therefore will doire. reference with plaint to the to the main two into divided are patent com- of bill the in laid charges classes. non-infringement. in 1l 10 and 2, 1, claims of invalidity the Second, of defense our First, _FIkST NATIONAL BANK BUILDING, CHICA Paar issue. vide into main two sub-defenses. RANKIN, STENOGRAPHER, GOURT M. of to sought device the ALIGEH essential claims in element of the fendants do Court, so, accomplishing first the contention, of tion grounds of omissi of each of the it will be the establish to the satisfac- the upon combination the issue. Under antst result the accomplishing infringe. non-infringement Second, of an for function and of means identity of lack of grounds the upon non-infringement First, we dinon-infringement, namely, defense, This will and they that while that the sub-defense they same they have result may concede, produced as the a not shooting shooting defend- that de- gallery gallery of the 19 3908 CENTRAL TELEPHONE not or function. May been has observation a passing I make in that held consistently and combination which in either that an suit in patent the of equivalent the is a of by meens result that accomplished they gallery shooting that produced heave they suit, in patent equivalent to things two comparing means FIRST NATIONAL BANK BUILDING, CHIC, one is be consistently held that in accomplished same ly the must be the by substantia operation. same We will there the combination the in expressed of each the Court of the satisfaction between in function of means of identity defendant's These the to establish is a lack that that of RANKIN, STENOGRAPHER, GOURT M. or same the by means same the substantially or has way same the substantially or same the accomplished result the it other, the of equivalent the whether ascertain in claims and issue device. also will defendants a where that establish ALIGE functioning elements vice expressed of the does not infringe in suit could cannot and the patent though each in the from different in a manner of by a combination a result accomplishes device claims the of combination in issue, claims be said elements to be in such issue the a de- even a pioneer pat- ent. In reference 8908 CENTRAL TELEPHONE to the second sub-defense, we will es- to device does defendants in substituted an equivalent combination patent in sult. the second this to In reference of combination the for device their of issue in claims the manufacture the these have nor of combination the embody not defendants’ the that Court the of satisfaction the tablish sub-defense we will that the authori- of an essential FIRST NATIONAL BANK BUILDING, GHIG ties combination a of element held consistently have in fringement of your Honor that the omission satisfaction the to establish patent nullifies the charge a substitute for the of the absence with reference in- of element omitted. thus Now namely, divide we invalidity, our second main defense, that defense into two sub-de- l, 10 and 11 for to fenses. invalidity First, of claims which Statutes, tion of Section 4888 of the Revised Patent viola- ALIGE M. RANKIN, GourTr STENOGRAPHER, requires distinctly he claims an of the claim as that applicant he improvement part, or and out combination which invention. his that Second, Honor, of the prior there is no invention issue. before your tion defined in the claims in As to this first sub-defense under which art view in place CENTRAL 8908 TELEPHONE point particularly in the the we will combina second main in of disclosure the therefore and suit, and drawings the with inconsistent and misdescriptive are 11 and 10 1, ecleims that conclusively establish will we invalidity, of defense patent specification of the invalidity on this defense of the defense of show under this ground, also We will first in- FIRST NATIONAL BANK BUILDING, GHIG:, ent reference to we will pat- the of suit. in With fense not teachings the follow does device, comercial its of production the in plaintiff the even that validity invalidity, of that each expressed in each of in the art prior to that a skilled mechanic, him, could of combination known well the patentee, the prior every and court satisfaction was establish conclusively the and art before expressed in each inventive faculty. the produce the of issue is and alleged any the to element in claims de- the of sub-defense second the conception by knowledge of with the sogeihettion the exercise as RANKIN, ALICE M. Gourt STENOGRAPHER, claim in in this We assume be told a claim that that While patent. of that fact of a patent proposition CENTRAL S908 TELEPHONE the law, is old, these we will issue without that connection each will element not of your the invalidate defendants take no establish that the of Honor ne will combination of the claims of issue with that authorities —z with the principle of consistent are tablished of the claims established ly well the prior art; and when so necessary that he find all bination in a single to lowing rule, land, the has which ture covered ture alleged it is mt instrumentalities of the com- device to establish or the prior combination. most ask your trial the fol- this be the law of of a machine or manufac- to held consistently results respectfully of course the of a patent by a claim to resort art defendants been the in prior to looking the equal and establish may combination, the invalidate law to order in ele- each invention been have must respective the that the during in mind bear Honor equally in the these Finally, is publication invention of it in is want not defendant, there the will the invention no old there that that is that that and combination FIRST NATIONAL BANK BUILDING, CHIGs fact patent yet patent, that of a it es- an is while the that law patent of combination a ment that proposition a machineor manufac- and STENOGRAPHER, RANKIN, ALIGE GCouRT M. the to decide be identical, tially to of question while different, do infringe, the and not things that any by the patented if he uses means substantially 83908 CENTRAL TELEPHONE To hold the which produce person may contrary the results them are accomplish reml of the be to retard from rule the those different this substan- patent infringing of may the without claim performed patent. that infringement; by which a criterion furnish would and to not to promote the progress With this rule in and establish the proceed of mind, the useful these defenses arts. defendants which I have are ready heretofore reiterated. FIRST NATIONAL BANK BUILDING, GHIG. MR. TZEREUPON the plaintiffs, the issues on their the following May of these some first suit as Plaintiffs' now, to so M. RANKIN, STENOGRAPHER, GOURT THE COURT: things already I have be evidence, the which maintain introduced behalf, please it PARKER: to to wit: I would Court, of place, out 12. -I wuld marked by the It may be admitted. to the patent stipulated. are offered, Exhibit offer like like in it to reoffer reporter. (The exhibit was so marked) ALIGE VR. blue PARKER: print defendants to submitted and marked Exhibit 34 the plaintiffs by as Plaintiffs’ I offer counsel "Wiring for Diagram of Ford original counsel Amusement for De- vices." THE COURT: MR. THREEDY: THE COURT: CENTRAL 8908 TELEPHONE Any No Let objection? objection. it be admitted. 24 (The MR. PARKER: exhibit I would like was so marked) to offer a certified copy No. 2,007,083, of the — file wrapper of the patent marked Plaintiffs' MR, THREEDY: THE COURT: FIRST NATIONAL BANK BUILDING, CHIC Exhibit No Let it of the Ford in, which THE COURT: It may (The MR. hibit Incorporation here- defadants Incorporated, as Plaintiffs’ was 24. Exhibit so marked) Eye the of copy certified of Electric corporation of Sec- the by admitted. exhibit I offer PARKER: certified Articles the of to offer be marked) copies, Devices, like Honor. so certified Amusement I wuld was Illinois, of State of your admitted. exhibit I have PARKER: retary be to be 6. objection, (The MR. in suit of In- Plaintiffs" Ex- Articles Devices, Inc., as to, your Honor, 23. ALIGE M. RANKIN, GourRT STENOGRAPHER, MR. material TI That THREEDY: the to is issues objected before the as not being court. COURT: The Electric Eye Devices PARKER: Not parties, but we of some of the Electric Eye Devices is not a party to this case? MR. activities ated S908 CENTRAL TELEPHONE with have individuals Company. contended themselves I do not that were see the associ- how the * introduction of defeniants, and so much VR. this if certified we fail to paper in the record. TRT: I cannot see PARKER: Froelich, whem One of the we allege the copy can in prove our allegation, materiality material to any have of features been way damage the it just is that. of it the initiator of the is that of this FIRST NATIONAL BANK BUILOING, CHICA whole as SEAR Ft me cero series well of infringements, as Charles employment. Those < TEE COURT: z| “R. was one W. Griffith, our two men ineorporators. are incorporators, patentee, who left our them, but some That is in the other case. have We PARKER: case another x | against instigator the will testify that Froelich was infringement in the first place. If we cannot t| of my witnesses “| of this estab- Z > lish that point, then the defendant if we can, this paper is of TEE COURT: MR. TEREEDY: Yes, THE COURT: I will MR. PARKER: I would of Incorporation and not be damaged, will <i eS you Do persist significance in your and to us. a help objection? ALICE Articles merica. nesses, tablishes TELEPHONE CENTRAL 8908 is your Honor. sustain like of the to objection. offer the because This is offered one of the organizers the date of his certified Electric Mr. of Gun of the Corporation @& one of our wit- company, and it es- Carter, this copy activities. 26 | | } ms MR. THREEDY: I make THE COURT: Sustained. MR. PARKER: I wuld the same objection, if like to call stand more than to the the Cour ct Mr. Eo!= i?) sek) u (4) Schnell- hardt. THE COURT: Is MR. PARKER: Yes, THE COURT: We FIRST NATIONAL BANK BUILDING, CHtca (Six there your will one witness for plaintiff? Honor. have witnesses them were sworn sworn at this by the time. clerk) SE WILLIAM L. on behalf called as a witness first duly sworn, testified Stun of as EL BAR plaintiffs, the DT, having been follows: DIRECT-EXAMINATION By Mr. Parker: RANKIN, COURT STENOGRAPHER, M. ALICK CENTRAL 8908 TELEPHONE Q Please state be William L. Q What your A I ema draftsman. THE COURT: What is your full name. Schnellhardt. present occupation? is that? A Patent draftsman. THE COURT: