Phoebus Corporation and Rayolite Rifle Range Co. v. Ford Amusement Devices — Proceedings Transcript, 28 May 1936
Thursday,
10:15
Court
convened
PRESENT:
pursuant
Messrs.
FIRST
NATIONAL
BUILDING,
BANK
CHICA
to
May 28, 1936
ofcloek
a.m.
adjournment.
Norman S. Parker
Francis W. Parker,
Jr.
Threedy
FOR
ES
on
called
as
a witness
first
duly
sworn,
F.
behalf
testified
MOULTON,
of
as
the
plaintiffs,
having
been
follows:
DIRECT- EXAMINATION
By Mr. N. S. Parker:
Q@
Please
state
A
Forest
R.
La
Salle,
ALIGE
M.
RANKIN,
STENOGRAPHER,
Gourt
your
full
Moulton;
age,
What
is
your
A
Iam
a
director
the
operate
United
Great
@
age
and
sixty-four;
present
address.
address,
327
South
Chicago.
&
They
name,
present
light
States
of
and
occupation?
Utilities
Pover
power
companies
and
Canada
and
what
degrees,
& Light
and
electric
Corporation.
gas
companies
in
light
companies
in
in
Britain.
Please
state
if
any,
you
have
received
Doctor
of
Philosophy;
science.
A
TELEPHONE
CENTRAL
8908
A.
B.,
Bachelor
of
Arts;
Ph.
D.,
Moulton-direct
Se.
D.,
Q
Doctor
Please
learned
A
of
Science.
stete
whether
societies
I ama
member
rating under
One
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
of
its
Federal
or
are
a
associations
in
the
United
the
of
that
1910.
the
is
under
to
That
of President
national
the
any
States.
Scicnces,
scientific
Research
corresponds,
and
of
of
ope-
in 1863, limited membership.
request
for
member
Academy
furnish
National
country
of Sciences
National
granted
obligations
entists
Academy
you
of
Organized
in
not
a charter
Government
or
defense.
organized
I was
to
Society
to
the
Wilson
in 1917.
Council,
generally,
Royal
advice
the
sci-
ei ened
to
French
of Great
Britain
in
London.
Member
Philadelphia,
of the
founded
American
Philosophical
by Benjamin
Franklin;
Society
also
of
a limited
membership.
I am
a member
of
the
American
Academy
of Arts
and
ALICE
M.
RANKIN,
Gourtr
STENOGRAPHER,
Sciences
in
Boston;
I am
Mathematical
Society;
and
Q@
a
<Are
a member
Association
American
number
you
also
a limited
of
the
membership.
American
of America;
Association
for
the
the
of minor
ones,
sone
of
a member
of any
learned
Mathematical
American
Advancement
them
Society;
Astronomical
of Science,
honorary.
societies
in
foreign
countries?
ELEPHONE
CENTRAL
8908
1056
Moulton-direct
A
Fellow
of
ain,
honorary;
for
the
Q
of
Royal
Astronomical
corresponding
Advancement
Please
a
the
state
scientific
of
member
Society
of
the
of
Great
Brit-
British
Association
written
any
Science.
whether
nature,
or
not
and
if
you
so,
have
you
might
specify
books
some
of
them.
A
I wrote
Cambridge,
a book
England,
Company
author
Mechanics,
in
1902.
on
astronomy,
of
Institute
Canadian
the
Press
in New York,
Joint
by
Celestial
a book
I wrote
millan
on
published
published
by the
Mac-
by the
in 1906.
a book
The
on
Theory,
Tidal
publishef
in 1909,or possibly
of Washington
1910.
the
I am
chanics,
by
published
Author
author
of
the
another
of
book
on
Celestial
on
in
Company
Macmillan
another
book
Me-
1914.
astronomy,
published
by
Orbits,
published
by
ALICE
M.
RANKIN,
GOURT
STENOGRAPHER,
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
the
Company in 1916.
Macmillan
of a
book
Institute
of
Author
the
Carnegie
Joint
of Chicago Press
Author
ties,
ELEPHONE
CENTRAL
8908
published
author
on Periodic
Washington
of a book
in 1920.
published
by the
University
in 1923.
of
a book
on
New
by the University
in
Exterior
of Chicago
in 1926.
Methods
Ballis-
106
Moulton-direct
And
several
others,
reaching
down
to
the
present
held
in
the
moment.
Q
of
A
Please
state
what
positions
your
scientific
career.
The
principal
position
a member
of
FIRST
NATIONAL
BANK
BUILDING,
CHIGAGO
you
I have
the
faculty
of
the
state
what
work
you
have
held
as
University
course
a
scientist
of
Chicago
was
as
from
1896 to 1926.
Q
~ tion
A
Please
with
In
Q@
in
one
of my
books
theory
in motion
Please
state
that
photo
the
mechanisms
nection
with
patents
and
state
nature
Q
Please
connection
A
tion
other
with
I was
for
things
constructing
TELEPHONE
CENTRAL
8908
and
the
these
and
I devised
the
was
the
in
connec-
optical
of your
the
I have
nature
experi-
of your
systems,
work
both
in con-
of machines.
activity
International
the
elliptical
elliptical
had
the
with
patents
in
6
concerned
with
discussed
machines.
improvements
for
patents
some,
what
the
I have
machines.
consultant
on various
I applied
any,
machines.
projection
In
ALIGE
M.
RANKIN,
Gourtr
STENOGRAPHER,
if
circuits.
projection
generally
with
I mentioned
of electric
picture
connection
4
done,
electricity.
mathematical
ence
have
with
mechanisms,
projection
gear
Projector
Corpm@ a-
in fact,
apparatus.
mechanism
and
Among
means
of
gears.
107
Moulton-direct
fone ——
CHICAGO
G,
@&
in
<=
Please
the
state
development
A
In
&
What
the
of
exserience
Iwas
director
in
machines
the
Please
you
have
taken
employed
you
any
if
any,
concessions
at
the
part
machinery.
gears,
had,
other
in
in
telescopes.
connection
with
machines?
Exposition
Q@
not
phone,in reduction
have
of
FIRST
NATIONAL
BANK
BUILDIN
on
or
commercially
orchestral
coin-operated
A
whether
1933
and
let
the
contracts
Century
for
of
Prorress
coin-operated
grounds.
state
your
connection,in
general,
with
the
Century
Progress.
of
A
of
I was
them,
a member
State
study of
M.
RANKIN,
Gourr
STENOGRAPHER,
A
<All
the
the
Board
of
Executive
Trustees,
nearly
Committee,
Director
1,
1, 1931,to November
whether
the
of
of
July
from
cessions
@
a member
or
not
this
problems
of
coin-operated
applicants
for
involved
concessions
a hundred
of Con-
1933.
experience
with
and
machines?
for
coin-operated
ma-
ALIGE
chines
submitted
their
information
they
application,
I went
there
were
any
hopes
considered
such
into
the
history,
and
expectations
pertinent.
history
On
of
and
the
similar
in
connection
not
in
with
any
basis
other
of
the
things,
if
earlier
expo-
sitions.
'@
Please
tivities
TELEPHONE
CENTRAL
8908
at
state
the
whether
Fair
or
or
elsewhere,
connection
you
have
had
with
your
ac-
occasion
to
108
Moulton-direct
| ene
A
perenne
IiCAGO
4
|
read
and
study
patents,
and
if
occasion
to
study
so,
to
what
extmt.
Give
the
|
details.
A
TI have
number
of
connections,
me enANO Bis
ent
FIRST
NATIONAL
BANK
BUILDING,
CE
had
As
consultant
situation
type
now
for
used.
the
The
study
foreign.
The
Fox
Films
Electric
this.
into
and
for
of
occasion
of motion
Fox
sound
and
Sidiary
first,
patents
Films
in
a
considerable
picture
projection
I looked
into
the
substantial
ly of
those
included
American
a controversy
between
for
Research
it
patents
was
Products,
Electric
Company.
I devoted
Also,
as
consultant
for
Films Corporation
subject
of
colored
You
mean
on
the
patents
I went
into
the
Fox
the
Incorporated,
Western
the
pat-
recording
of
a
|
photography.
many
I spent
a me
weeks
to
I looked
many
weeks
it.
on
@
of
color
photography?
RANKIN,
Gourt
STPENOGRAPHER,
A
Yes,
looked
over
ALICE
M.
than
Q
them.
a hundred
In
did
I do not
situation
recall
the
at
exact
that
time
and
number,
but nore
work
have
patents.
connection
mentioned,
patent
you
with
this
and
have
occasion
otherpatent
to
study
and
you
apply
patent
claims?
A
One
of my
duties
amine
claims
of
ship
to each
other,
‘ELESHONE
CENTRAL
8908
as
patents
to
consultant
for
Fox
Films
at various
dates
and
their
give
respecting
advice
was
to
ex-
rwmlation-
priority.
Moulton-direct
:
Q
Are
patent
BUILDING,
CHIGAGO
A
you
No.
ee
familiar
I do
not
A
Yes,
Q@
Please
it
from
remenber
sir;
handed
I am
state vhen
your
other
words,
how
long
to
what
extent
have
you
I received
in December
Q@
Would
patent?
Have
A
Yes,
N,
GOURT
STENOGRAPHER,
sir.
What
A
I read
and
a
and
you
Q
patent
in
suit,
the
Griffith
|
read
say
you
over
that
you
studied
it
have
you
have
since.
When
did
claims
with
you
and
the
it
attention
the
have
of
number.
with
this
connected
studied
it?
quite
|
|
been
patent
are
to the witness)
it.
familiarity
read
covy
the
copy of patent
familiar
In
A
i
the
2,007,083?
(Mr. Parker
IFIRST
NATIONAL
BANK
with
ere
last
patent
with
November
thoroughly
thoroughly
began.
it
and
or
early
several
times.
familiar
with
this
that
time
carefully?
paid
to
the
claims?
repeatecly
and
carefully
at
ALIGC
EM.
RANKI
:
@
gun
shooting
electric
an
first
know
of a
electric
ray
and
target
a
davies
*spleyins
a
target
including
a photo-
ago.
I do
recall
time
eighteen months ago.
It
cell?
A
It was
first
saw
Q
What
at
least
a year
not
the
I
it.
machine
A Perhaps
ZELEPHONE
CENTRAL
$908
you
was
that?
was
a machine
that
was
IN
Moulton-direct
Hr
on
La
Salle
&
Do
A
Akr.
it
was
you
Street,
the
know
made
who
number
Terry
invited
that
made
it,
you
know
whose
Q
Do
A
I do
the
I have
forgotten.
machine
or
who
had
it?
and
I do
not
was?
me
to
see
he
told
me.
property
the
machine
court
if
|
|
it,
recall
who
not.
Piksr
NATIONAL
BANK
BUILDING,
CHICAGO
@
Do
you
see
the
one
you
saw?
any
machine
in
the
machines
in
the
A
Both
of
@
Are
you
familiar
with
tiffs
in
this
present
suit?
A
Iam,
A
these
ina
room
which
a general
way
resemble
it.
machines
made
by or
plain-
resembles
for
way.
general
You
have
seen
those
Yes,
and
have
operated
machines
in
operation?
them.
RANKIN,
GourtT
S14
ENOGRAPHER,
M.
Q
You
>
To
iy
Are
have
a
operated
limited
the
extent;
machines
yourself?
yes.
ALICE
in
the
A
have
MR.
swer
THE
TELEPHONE
CENTRAL
S908
you
familiar
present
I have
not
case,
Ford
seen
the
operated
it.
THREEDY:
If
be
out
stricken
COURT:
Well,
with
the
Amusement
machine
the
machines
and
defendents
Incorporated?
seen
it
I will
move
responsive
to
the
question.
interrogator
who
can
please,
as
not
being
it
is
the
by the
Devices,
have
Court
only
made
operate,
that
but
the
an-
raise
Lid
Moulton-direct
Bab
Ah
ord
that
=
.
EERE
objection.
MR.
It
THREEDY:
is otherwise
I think
it
competent.
is giving
testimony
that
is
not
solicited.
THE
COURT:
Overruled.
MR.
PARKER:
Q
Please
tion
state
you
have
had
of
where
did
you
see
it?
A
I saw
it
in a
shop
and
Halsted,
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
tween
Clinton
Q@
Did
defendant's
opportunity
machine.
on Washington
on
the
south
this machine
at
premises,
did
A
I understood
Q
You
A
I saw
Q
Did
A
No.
saw
or
it was
you
on
the machine
of observa-
other
wrds,
somewhere
side
of the
that
time
be-
street.
was
at de-
it was
somewhere
éiset
defendant's
premises.
think
the
In
Street,
you understand
fendant's
N,
COURT
STENOGRAPHER,
what
operated
at
that
place,
did you?
it operated.
you
examine
the
machine
yourself,
I inspectedit in a casual
way,
did
you
the
general
inspect
it?
functions
ALIGE
M.
RANKI
ing of
Q
Will
as you
A
the
It
the machine.
please
understand
describe,
generally,
causes
field
insertion
of view
is provided
plaintiff's
machine,
it?
It is a machine which
direction
"ELESHONE
CENTRAL
8908
you
upon
with
he wishes.
the
a gun
which
He pulls
the target
the
the
of a
coin
operator
trigger
to pass across
in a coin
may
of the
aim
slot.
in any
gun and
a
Moulton-direct
7
signal,
a
thud
it
is called,
sounds
in
the
machine,
and
noth-
|
|
ing
more,
called
except
the
shot
photoelectric
cell
that
is
is registered
each
hit
ration
to
counter
registers
one
the
Q
using
person
a hit
times
that
the
then
First
Nat
[ONAL
HANK
BUILDING,
CHICAGO
__
mechanism
If
the
lights,
internal
counter.
it at
ten
the
higher
machine
on a panel
advancing
number.
ten.
carried
When
the
that
connects
the
on
what
gun
the
contains
is
points
|
target,
|
a series
of:
light
that
goes
into
ope-
If he makes
ten
hits,
the
score
pulled
ten
the
trigger
has
been
stops.
Are you applying
this description
to plaintiff's machine
defendant's?
or
A
It aenites
Q
Please
equally
state
eiserem which
Exhibit
34, Wiring
A
I am familiar
Q@
Please
either.
whether or mt
wiring
ANKIN,
Court
STENOGRAPHER,
to
I hand
you
you,
which
with
that.
whether
or
familiar
with
the
is marked Plaintiff's
Amusement
of Ford
Diagram
are
Devices.
ALICE
M.
R
VVIOB
TRY
VENT
KRALL
state
tift's Exhibits
30 to
33,
not
you
inclusive,
are
familiar
which
I hand
with
plain-
you
here.
A
Iam familiar with exhibits marked 30 to 33, inclusive.
Q
Will
you please
compare
them
testified
you
are familiar
the
same.
the
blue
print
you
A
The
wiring
diagrams
blue
print
is reproduced
are
in black
with
Plaintiffs"
Exhibit
with.
The wording
on the exhibits.
on
the
34,
|
|
Moulton-direct
a
a
OF
OO arn
eee
|
Q
Referring,
example,
circuits
marked
in red,
will
not
you
traced
these
circuits
for
correctness.
have
I have
function
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
Q
yourself
state
and
circuits,
end,
as
to produce
the
results
said
to
the
comments
Please
state
opinion,
correct?
red
whether
ink
and
|
A
They are correct.
|
Q
Please
make
ored
lines
and
comments
and
33.
Please
check
not
please
the
in
or
you
Exhibit
traced
photostat
|
to Plaintiffs'
the
A
|
for
or
the
the same
not
added
them
they
are
correct.
A
On 31,
that
is correct.
Q
Plaintiffs'
Exhibit
checked
or
them
they
would!
follow.
slip
added
to
are,
the
in your
as to the various
to Plaintiffs’
for
whether
indicated,
typewritten
observation
30 and
correctness
Exhibits
ene tell
col-
31,
me
32
whether
41 is correct.
ALIGE
M.
RANKIN,
Court
STENOGRAPHER,
A
No.
Q
Please
relied
32 is correct.
state
upon
No.
whether
in the patent
or
33 is correct.
not
you
in suit,
have
applied
namely,
claims
the
claims
1, 2, 10 and
| 11, to Plaintiffs’ Exhibit 30 to 34, inclusive.
|
|
A
to
I have
the
wiring
30 to 33,
ENTRAL
8908
applied
the
diagrams
limitations
in claims
shown
blue
on the
1, 2, 10 and
print
and
11
Exhibits
inclusive.
| =
ELEPHONE
C
114
Moul ton-direct
= |
plandnieaiee
aida
mae naa |
Q
Have you
blue
print,
A
I did
MRe
PARKER:
considered
Plaintiffst
not
get
the
Read
it.
these
same
Exhibit
34?
MR.
PARKER:
This
cal
with
the
to
33 are
drawn?
A
to
the
|
blue
was
print
photostats
upon
read)
you
.
have
which
testified
plaintiffs’
is
identi-
Exhibits
30
you
shown
TI have.
IRAPHER,Q
on
in relation
question.
(The question
Piksy
NATIONAL
BANK
BUILDING,
CHICAGO
claims
Referring
this
to Plaintiffs’
exhibit
a traveling
Exhibit
target?
32,
can
You
may
find
consider
also
in this connection Plaintiffs' Exhibit 36.
A
Here
MR.
PARKER:
A
It has
Q
You mean
is the
traveling
Give
already
III
target
(indicating).
it a number.
been
given
is applied
one,
the
to a part
number
III.
of the
target
structure
ALIGE
M.
RANKIN,
Gourtr
STENOC
A
III
is
applied,
as
I understand,
to a part
of
the
target
structure.
MR.
I would
testify
to the
gestive
questions.
E?PHONE
CENTRAL
8908
“
THREEDY:
like
particular
to
have
drawings
counsel
and
not
THE COURT:
The objection is well taken.
MR.
Q
PARKER:
|
I hand
you Plaintiffs*
let
the
lead
him
Exhibit
witness
on by sug-
37 and ask
115
Moulton-direct
you
to
point
structure
out
and
on
use
Plaintiffs'
the
numbers
37 the
or
symbols
by Nos.
I,
entire
elready
target
applied
to
34,
the
exhibit.
that
A
The
structure
whole
structure
would
be
FIRST
Nat
BANK
fONAL
BUILDING,
GHICAGO
n
Q
the
Please
have
It
in
whether
is a
fixed
is a movable
Exhibit
State
seribed
is
whether
would
be
or
not
of
the
not
this
target
or
a moving
target.
would
especially
this
correctly
Q
Can you find on the
be a correct
also
32,
target
described
CCnt
LL
an
drawing,
structure
clearly
you
illustrated
in
structure
as
you
a traveling
have
de-
target...
description.
of Plaintiffs'
structure
a photoelectric
36
Exhibits
cell?
is marked
cell
On 36, the photoelectric
A
part
30,
36.
That
and
upper
III,
or
target,
A
37,
the
III>,
target.
state
Plainatiffst
Q
covered
that
described
A
and
Exhibit
I.
On 37, the
$
photoelectric
cell
upper
right
ALAGE
M.7
RANKIN,
Gourt
STENOGRAPHER,
in the
corner
hand
is marked
with
or
not
or moves
with
the
photoelectric
A
The
Q@
Can you
—_
whether
state
Please
associated
ELEPHONE
CENTRAL
8908
the
photoelectric
I, and
also
find
7
cell
moves
in any of these
this
"Photo
is
c
cell
photoelectri
traveling
with
cell |
7
|
Cell."
Q
32,
On
I.
is marked
the
exhibits
target.
traveling
target.
a photoelectric
116
Moulton-direct
|
amplifier?
CHICAGO
NG,
if
any,
A
If
with
sO,
Please
which
In Exhibit
it
Q
hand
32 the
Can
corner,
you
find
FIRST
NATIONAL
BANK
BUILDI
Plaintiffs’
and
employ
the
symbols,
corner.
amplifier
is indi cated
In 36, also
in the lower
showing
some
in
exhibits,
Exhibit
these
32,
tubes.
and
teking
operatively
point
If
so,
please
the
numbers
or
symbols
applied
On
right
hand
electron
means
amplifier?
the
out
photoelectric
and
A
it
is marked.
in the lower right hand
right
point
side
them
example
connecting
out
and
on Plaintiffs’
of Exhibit
for
the
cell
give
them
Exhibit
32.
32 there are
two wires
shown runnung down marked C-1€.and ¢-15.
Q
In connection
. included
with
them
point
them
out
give
them
the
A
with
these
connecting
means,
do you
find
stationary
contact
means?
If so,
please
on Plaintiffs*
Exhibit
32,
for
example,
and
are
there
numbers
The stationary
with
which
they
contacts are marked
mrked.
C-13 and c-18.
ALICE
M.
RANKIN,
Gourt
STENOGRAPHER,
@
you
Please state whether
can
find
traveling
means
and movable
them
out
and
in Plaintiffs’
A
Near
lettered
r
TELEPHONE
CENTRAL
8908
contact
means
engaging
with
the
target.
If you
give them
the
symbols
with
Exhibit
32.
the
lower
C-14
and
||
or not in Plaintiffs’
right
C-17.
hand cornevare
can,
which
Exhibit 32
said
stationary
please
point
they are
mrked
the moving
contacts
SSeS
EONRS
aeons
|
Moulton-direct
4
|
Q
2
Please
state
move
with
or
are
x |
41
A
They
are
movable
<|
Q
Can you
=|
A
They
are
or not
movable
find
=|
al
whether
with
with
these
marked,
these parts,
the
the
target.
target.
movable
contacts
"Contacts
Moving
in Plaintiffs’
with
marked 26, if I can get where that
wmes
what
There
that
Q@
leads
If you
respond
into.
Let
can
find
the
lettering
with
me
them
C-14 and C--17,
see.
there,
Target,"
in.
please
letter
Exhibit
On the
exhibit
32 a moving
target
Q
On
basis
the
showing
of Plaintiffs'
these
moving
would
you
movable
say
with
A
They
@
Please
of
that
the
are
letter
them
A
the
C-14 and
members
and
|
are
I do not know
is no
of Plaintiff's
Exhib-
C-14
on
it.
to cor-
32. .
C-17.
Exhibit
and
C-17,
37,
are
target?
movable
state
with
whether
the
or
target.
not
you
can
find
in Plaintiffs’
ALICE
M.
RANKIN,
Court
STENOGRAPHER,
Exhibit
32 signal means
amplifier
if said
cell
find
them
please
point
A
The
signal
means
actuated
by the current
be struck
by a light
them
are
the
Q
Please
point
out
how
the
current
from
the
amplifier
|
| | \° |
rELe
PHONE
CENTRAL
8908
end
trace
out
flash.
If you
can
out.
sound
target drop operating the solenoid
light flash,
from said
these
chimes
marked
and
the
is 1114,
signal
means
if
cell
whatever
III'
the
be
circuits
are
actuated
by
struck
are
by a
necessary
to
138
Moulton-direct
$$,
—
establish
A
so
this
relationship,
Now
the
language
I have
to
enter
The
current
from
the
NATIONAL
BANK
BUILDING,
CHICAGO
controls
bottom
of
control
and
the
the
R.
then
the
Q@
Point
which
is
Please
point
the
input
closed
light
by the
&
probably
cell
into
the
amplifier,
input
of the
circuit
page,
the
so-called
energy
Through
at
at
through
this
place
signal
marked
or
by the
the
signal
the
signal
circuit
R
means.
detail,
the actual
actuate
circuit
the
the
this
closed
or
to what,
volts,
is sinuee by relay
control
this
in micro
of
ec’.
technical,
circuit
is
passes
source
marked
greater
actuated,in response
quite
in,
circuit
how
is not
comes
somewhat
to
out
course,
established.
that
circuit
out,in
be
explanation.
amplifier
When
of
can
little
the
center
it
a
photoelectric
amplifier,
marked
used,
into
Firsyr
if
circuit
means,
means
and
are
of the
cell
closure
of the
I
flash.
Do you want
me
to go around
the
circuit?
ALICE
M.
RANKIN,
COURT
STENOGRAPHER,
Q
You might
start
switch
at
the
point
out,
also,
quent
control
A
|
TELEPHONE
CENTRAL
8908
the
R,
back
at
the
effect
of the
about
which
you have
function
of
relay
the
testified.
Please
R*
conse-.
and
the
by it.
The relay R® closes
Now,
start
relay
with
to go
the
the circuit
through
input
of
the
the
marked cs-7'.
circuit
source
it would
of energy,
be test
and
to
remember
119
Moul ton-direct
1
jana baaton
now,
that
these
they
are
starting
sheet.
and
Pass
to the
trigger
switches
up
at ec’, at
to c-2.
switch,
photoelectric
of the
to
right
the
g-5,
around
the
along
is
closed
sheet
and
up a little
margin
of
the
the
switch
There
is a division
through
c-7*,
that
to the
that
closed,
bottom
of the
of
sheet
the
to c-3,
the
are
around
same
to
time
right
down
on
is closed
the
the
on to c-4 to about
sheet,
up on line e-6 to the left through
the
center
at
Pass
circuits
of
Continue
which
through
middle
the
is actuated.
hen
the
beyond
cell
FIRST
NATIONAL,
BANK
BUILDING,
CHICAGO
center
closed,
to a little
left
pull
are
j
the
hand
to e-5,
a wire
called
by the
relay °R,
the relay R* into wire e-7-
point,
e-7.
Then up and
Bo the right
switch
having
been
by the
closed
relay
R*.
Then vertical line marked c-6" on the way to two branches,
aux
COURT
STENOGRAPHER,
iliary
circuit,®
one
the
target
near
the
upper
and
through
ALICE
M.
RANKIN,
left
drop
posed
on
words
without
on
c-3',
Now,
hand
is,
2 it
there
and
that
corner
of
for
the
and
the
moment.
Then
to the line marked
c-4''.
auxiliary
hard
too much
circuits
to describe
on
circuit
completes
the
sound,
diagram.
are
is very
is a
chime
those
they
going back
the
Omit
solenoid
digressing
Well,
back
the
fact
these,
operate
solenoid.
right
The
to
the
here
the
other
e-6!
to
the
superinm-
the
circuit
auxiliary
circuit.
going
up
on c-4'
in
and
circuit.
to the place where
it begen
to
branch to e-7, the lead in the vertical direction goes to c-8,
ELEPMONE
CENTRAL
8908
i
i
190
|
Moulton-direct
jp
CHICAGO
then
around
until
the
through e-§,
ten
shots
back
to
the
source
Q
Do
you
find
for
projecting
point
it
are
of
and
then
the
switch
which
fired
through
¢-10,
and
is closed
finally,
e-11
energy.
in Plaintiffs'
a light
flash
Exhibit
toward
32 a manually
the
target?
If
aimed
so,please
out.
FIRST
NATIONAL
BANK
BUILDING,
4
|
The
manually
aimed
gun
is
in
the
upper
left
hand
the
gun for
corner
and is marked IV.
Q
PHER,
What
jecting
A
Q
are
a light
There
marked
the
means
shown
flash
is an
in connection
toward
electric
the
light
with
pro-
target?
marked
IV’
and the
shutter
Iv,
In relation
Current
to
from
the
Said
statement
Amplifier
Light
Flash,"
do you
other
than
photoelectric
the
find
any
"Signal
if Said
means
cell
Means
Cell
Actuated
Be Struck
in Plaintiffs!
and
its
by
by a
Exhibit
32
onductive
cireuit
ALICE
M.
RANKIN,
GourRT
STENOGRA
for
actuating
the
A
No;
no
Q@
Does
a flow
signal
A
to
act
Q
flow
and
What
means?
other.
means,
The
signal
and
of current
in what
of current
close
is the
the
the amplifier
actuate
the
sense?
from
circuit
function
from
the
emplifier
to the
of the
input
relay
R'
causes
source
and
of
the
relay
R
energy.
its associated
||
TELEPHONE
CENTRAL
r 8908
191
Moulton-direct
switch
in
closing
the
A
The
relay
closes
energy
to
operate
and
score
the
Q
Could
R*
circuit?
the
chime
counter
this
the
sound
signal
if
the
switch
means
cold
mt.
A
It
Q
Im other
opinion,
A
It
Q
State
R*
words,
necessary
enables
target
the
electri
drop
slenoid
the
for
by
closing
the
the
of
the
relay
the
actuation
on
Rt
relay
of the
diagram
were
R*
here
open?
is,
in your
atennd means?
is necessary.
whether
are
actuated
seit is
struck
striking
makes
it
possible,
R’
to
not
by a light
The
relay
or
the
in response
A
the
the
be actuated
controlled
Kirsyr
and
that
solenoid.
NATIONAL
BANK
BUILDING,
CHICAGO
shown
circuit
of
the
the
close
to
the
and
its
associated
photoelectric
cell
switch
when
the
flash.
photoelectric
only
the
relay
means
switch
for
on
cell
by a light
making
the
line
flash
it possible
for
that
into
leads
ALIGE
M,
RANKIN,
Gourt
STENOGRAPHER,
the
chime
paeane:
the
target
drop
solenoid
and
score
counter
to
say
that
said
amplifier
solenoid.
Q@
Would
it be a correct
signal
means
if said
cell
are
actuated
be struck
statement,
then,
by the
current
from
by a light
flash;
is that
a
the
correct
and applicable description of the structurein Plaintiffs’
Exhibit 32?
TELEPHONE
CENTRAL
8908
Moulton-direct
|
A
That
is
language
in all
the
radio
field
signal
from
the
ether
Q
‘In your
engineer
I have
opinion,
have
just
that
is
quite
in
the
same
sense
that
produces
the
sound,
precisely
the
would
ordinarily
qualified
setae
any
difficulty
quoted
to you,
patent
MR.
your
in
suit,
THREEDY:
means
I think
with
in understanding
which
_FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
the
an
in line
what
is language
you
have
what
the
is used
inowming
that
from
same.
the language
claim
described
as
1 of
meaning?
that
question
is
read
you
language
from
from
amplifier
objectionable
too,
Honor.
THE
COURT: . Sustained.
MR.
PARKER:
“Signal
said
Q
means
I will
actuated
by the
cell
be
struck
perience
in
the
electrical
whether
or
not
state
sponding
by a
this
current
flash
of
said
if
In view
field
and
electricians,
please
re-
with
of your
can
find
circuits
or
language
of
this
clause
of
the
jeneabes unquestionably
would
mean
to me,
with
the
this
a
light."
you
to
claim
mechanisms
claim
ex-
in |
ALICK
M.
RANKIN,
Gourt
STENOGRAPHER,
Exhibit
Plaintiffs'
A
Theat
questionably, I think,to anyone
familiar
ly the
diagram.
tions
the
Q
|
32.
TELESHONE
CENTRAL
$908
condition
in
the
patent
shown
diagram
in this
are
described
by the
and
field,
un-
exact-
At least,
the
cnndi-
language
read
from
claim.
Referring
still
to Plaintiffs
Exhibit ‘32 and to claim 2
19%
|
Moulton-direct
~~
=
=
!
CHICAGO
of
the
12,
I will
a
patent
ing
of
from
which
claim
target."
those
I hand
2:
Do you
other
"A
Plaintiff's
shooting
find
exhibits
you,
gallery
in Plaintiffs’
which
are
Exhibit
before
|
comprising
Exhibit
you,
32
a traveli
target?
A
The traveling
FIRST
NATIONAL
BANK
BUILDING,
target
is in 36, marked
nected parts.
In 37, I, III,
32
I and
it
is marked
|
hand
eorner.
|
Q
Still
can
also
*Photo
Cell,"
from
Will
you
please
point
in Plaintiffs'
Exhibit
32 or the
A
In
32,
"Motor,"
Q
near
also
Still
electric
the
claim
center
of
I and III and con-
III3, 30 and 34, and in Exhibit
reading
target."
|
suit,
read
traveling
or any
in
2:
in
the upper
"a driving
out
the
this
motor
driving
Tight
for
motor
said
if you
otherexhibits.
sheet,
a circle
marked
V.
reading
source
for
from
claim
projecting
2 I quote:
a flash
“a gun
of’ light
having
at
said
an
tar-
ALIGE
M.
RANKIN,
Gourt
STIENOGRAPHER,
get."
|
A
In Exhibit 32, in the upper left hand corner is the gun
| marked
@
IV.
Do you find any light source in that gun?
A
In
Q
Still
on
said
| light
i
“ELEPHONE
CENTRAL
8908
that
gun
gun
there
reading
for
is
from
effecting
a light
claim
source,
2, I quote:
completion
marked
IV'.
“A trigger
cf a circuit
switch
through
said
source."
124A
Moulton-direect
CHICAGO
A
Near
the
ger
switch
marked
Ive,
Q
Please
state
the
this
trigger
in
relation
trigger
switch
A
The
diaphragmin
upper
the
FIRST
NATIONAL
BANK
BUILDING,
left
Please
state
the
trigger
structure
A
The
the
gun to the
Q@
Still
circuit
for
whether
or
titts’
Exhibit
32,
the
symbols
A
Ido
not
source
fs mechanically
gun
mode
32
is
of
operation@&
marked
a trig-
IV’.
connected
to
the
Iv.
have
described
rotates
and
momentarily
marked
Iv> when
is pulled?
opens
the
barrel
of
source.
not
claim
2: - "means
including
you
can
find
and, if you
on
quite
light
the
you
from
marked
or
Exhibit
to the member
said motor.
state
of
happens
light
reading
to the
of the
what
diaphragm
corner
relationship
barrel
Q
hand
the
for
establishing
a shot limit switch."
this,
for
can, please
example,
point
a
Please
in Plein-
it out,
using
exhibit.
understand.
Do
you
want
the
cireuit
traced;
ALICK
M.
RANKIN,
Gourt
STENOGRAPHER,
is
that
Yes.
MR.
PARKER:
Let
Please
us
center
of
THE
COURT:
i.
LEPHONE
CENTRAL
8908
idea?
Q
A
£
the
Read
the
question.
(The
last
two
start
the
trace out the
at the
circuit
questions
source
for the motor.
were
of energy
at
read)
the
bottom
of
the
sheet.
On Exhibit
|
what?
125
Moulton-direct
ee
A
On Exhibit
THE
COURT:
A
There
32.
Proceed.
is
a lead
c',
following
up
to
a little
above
the
i
en
center
of the
sheet
of
the
circuit
by pulling
you
want
this?
I would
FikST
NATIONAL
BANK
BUILDING,
CHICAGO
THE
COURT:
A This
thought
You
to ¢-2 through
do
he
was
A
If I may
change
on
to
ask
the closure
to e-4.
Excuse
me.
Do
is that
it?
a question.
understand
me
about
his
question,
There
the
wrong
circuit.
of
the
trigger
pull.
that?
exhibits.
Which
is
31,
which
is better
good
many
lines
on here’ and
exhibits
are
a
are
this.
result
to Exhibit
over
to
the
the
of
any
Use
off
not
asking
PARKER:
COURT
STENOGRAPHER,
like
trigger
through
diagram is marked up for the result of a hit and I>
’ MR.
adapted
the
e-3,
THE
COURT:
All
of those
MR.
PARKER:
Use
any
one
you
wish.
THE
WITNESS:
Let
me
complete
the
MR.
THREEDY:
I wonder
THE
COURT:
I am
Doctor.
for you,
|
answer.
ALICK
RANKIN,
M.
Read
(The record
the
question
counsel
may
under stand
was
read
as follows:
establish-
claim
2:
‘means
for
ing a circuit
for
said
motor.
including
shot
or
limit
not
you
switch.’
can
find
Please
this,
state
for
it.
"Q Still
from
reading
ELEPHONE
CENTRAL
8908
so
question
the
reread e
have
if we might
a
whether
example,
in
126
S|
Moulton-direct
=)
|
cores
Oo}
ia|
-
@|
caer
Z|
Plaintiffs'
Exhibit
32, and if you can,
B|
Please
point
it out,
using
on
exhibit.
ss|
S|
the
A
Ido
the
symbols
not
quite
Do
=|
you
the
circuit
traced;
Q
Yes.
Please
trace out the circuit
idea?
E|
for the motor.")
|
A
On Plaintiffs’
| of the
x|
sheet,
beyond. the
Exhibit
of the
is that
31, starting
at the bottom
center
marked
want
Z|
of the
sheet
to b-2,
|
|
the
at about
lead b’,
|
understana.
2 It
z|
aaa, |
|
i
|
the center
going up a little
then
along
b-3,
then
through the switch closed by the pull of the trigger to b-4
S|
=| and b-5.
c |
E|
I would like another question.
,|
THE COURT: Better restate your question.
Z| seem
=|
=
“|
to understand
what
you
are
driving
The Doctor doesn’
at.
MR. PARKER:Q I will read the entire last part of the claim
end
let
said
motor
you
actuating
| open said
follow
including
means
which
shot limit
THE COURT:
What
MR.
Q
fore
PARKER:
you,
it:
if you
"means
a shot
must
limit
be
establishing
switch
having
successively
a circuit
for
|
electrical
operated
to finally
switch."
is your
Please
can,
for
a
question,
trace
circuit
on any
now?
one
of which
of the
this
exhibits
language
is
bede-
seriptive.
HONE
CENTRAL
8908
;
127
Moulton-direct
THE
COURT:
A
Yes,
Do
you
understand
that
now,
|
a
a
a
a
ee
-
oe
:
Doctor?
sir.
The
circuit
is
closed
through the
motor
by the
in-
sertion of the coin which closes the coin switch, and on Ex- |
hibit
30,
little
beyond
starting
at
the
the
source
centerof the
of
energy
diagram
a‘,
a-2,
then
WIKSI
NAY
BANK
BUILDING,
1ONAL
CHICAGO
and
then
which
over
leads
ed switch
to
a-4,
which
into
the
coin
is adjacent
switch
to
pass
the
to a-5 and a-6, all on Exhibit
toa
|
to a-3,
coin
switch
the
coin-operat
30; a-7,
then throu
through
a-4,
up
a-8 and a-8' to a-9.
Those things close the magnet,-I am not
able
one it
to
identify
which
-apart,- close~
is marked
VI.
then
to
back
the
Then
the
is because
are too
they
circuits at a-18 and a-14.
continuing
The circuit
with a-9 to a-10, a-ll and
sourceof energy,
but
there
are
Then
the
circuit
there.
I have
a-9 and
on through a-10 and a-11 and back to the
closes
the
RANKIN,
M.
GOURT
STENOGRAPHER,
the switch
far
closed.
branches
to
down
That
source.
ALIGE
switch
those
switches
closed
to
at a',
about
the
center
of
the
dragram,
through
through
the
closed
marked
a-14,
through a-15,
down
starting
motor,
energy,
together
cated
previously,
said
TELEPHONE
CENTRAL
8908
the
with
input,
back
VI.
if I go back
Now,
the
marked
motor
up
to
switch
by the
wire
through a-1l,
a-12,
to the
closing
that
a means
that
for
switch
and
the
establishing
source
circuits
the
a
of
indi-
circuit
for
point.
128
oe
Moulton-direct
Do
=
you
MR,
PARKER:
THE
COURT:
A
I am
more
to
wish
me
to
I will
ask
another
Have
you
sure
whether
not
fully
PARKER:
Finish
your
A
Including
a
limit
shot
ing means
which
must
said
limit
switch.
a little
to
the
right
each
of
the
shot
pull
a mechanical
how
it
question.
answered
the
question?
not.
There
I have
or
answer,
please.
be
switch,
having
successively
is
a
little
electrical
operated
shot
of
the
center
trigger
that
solenoid
operates
Other
drawings
show
mechanism.
counter
to
The
finally
solenoid
of Exhibit
actuatopen
is shown
31,
and
at
and
advances
schematically
operates.
In drawing Exhibit
advance
that
on?
answer.
MR.
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
go
the
38-A the solenoid
ratchet
marked
VI 2 and
the mechanism
marked
VI
ALIGE
M.
RANKIN,
Court
STENOGRAPHER,
after
enters
operates
it
has
advanced
a notch
in
the
to
so
rotating
disk marked VI, the circuitis broken and the switch is
opened.
|
That
said
motor
including
actuating
means
said
shot
open
Q
“means
answers
a shot
which must
limit
for
limit
establishing
switeh
having
be successively
a
circuit
for
electrical
operated
to
finally
switch."
Reading again from
the claim:
“and a circuit
for said
129
TELEPHONE
CENTRAL
8908
Moulton-direct
electrical
Please
actuating
controlled
the
on
any
one
of
cuits
respending
to
this
language
A
On Exhibit
31,
starting
at the
the
line
b',
through
b-2,
the
switch
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
trace
means
marked
controlled
by
said
by
exhibits
of
said
the
the
circuit
switch.’
or
cir-
claim.
bottom
through
trigger
trigger
of the
b-3 and
switch
sheet,
then
on
through
to b-4,
through
b-5, through b-6 and b-6' to b-7, which, together with b-6',
complete
the
circuit
controls
the
shot
until
the
by
step
Q
In
No.
limit
circuit
is
shot
counter
solenoid
the
cam
of
the
trigger
made
I hand
you
United
in claim
2,
to Doucet,
and
step
broken.
you
shown
which
It advances
discussion
to the
1,541,294
the
mechanism.
relation
as
switch
through
to read
ask you
States
Patent
the passage
under
lined, beginning with line 65, and terminating with line 79
of page
A
l.
(Reading):
ALIGE
M.
RANKIN,
STENOGRAPHER,
Gourtr
"The electric lamp may be switched in only at
the moment of firing, or the source of light may be
normally obscured by a shutter which is operated to
permit of the projection of the beam at that moment."
Q
Please
A
That
of light
MR.
TELEPHONE
CENTRAL
8908
state
PARKER:
that
passage
that
the
two methods
regarded
as
equivalent.
means
are
what
This
patent
indicates
is offered
to you.
of obtaining
the
flash
in evidence
as
Plain-
Moulton-direet
tiffs'
Exhibit
19 and
the
reporter
THE
COURT:
Any
objection?
MR.
THREEDY:
Of
course,
objection
if the
the
statement
be a
copy
will
introduce
and
PARKER:
With
in anyhow,
the
COURT:
This
that
except
patent
fendant
FIRST
NATIONAL
BANK
BUILDING,
GHIGAGO
will
is requested
Court
that
so to mark
please,
there
is
it.
no
I advise
the
Court
that
of prior
art
books
which
the
de-
we
have
a repetition
in
that
will
patent.
MR.
put
THE
here
make
out
is
his
offer
case
his
out
to make
experience
my
will
the
of
situation
be
exhibit.
we
had
that
it
is best
to
the
defendant
to
and
sustain
the
objection.
is not
admitted.
is
sustained
MR.
PARKER:
You
mean
this
THR
COURT:
No.
The
objection
MR.
PARKER:
Q
Referring
and
the
of a
patent
case.
I will
ALIGE
M.
RANKIN,
GourtT
STENOGRAPHER,
the
sort
same
the
just
that
withdraws
is always
plaintiff
the
understanding
plaintiff
It
yesterday.
allow
the
to
claim
10,
"a shooting gallery comprising
means for moving the target."
at the
present
the
language:
I read
a movable
target
before
Please
point
out
on
any
of the
exhibits
them,
the
movable
target
and
if you
can
find
moving
the
target,
and
please
state
your
the
means
understanding
ya,
for
of what
131
TELEPHONE
CENTRAL
8908
Moulton-direct
a
—=——
these
exhibits.
A
In Exhibit
36 the moving
the
to
in relation
means
target
term
t