Phoebus Corporation and Rayolite Rifle Range Co. v. Ford Amusement Devices — Proceedings Transcript, 30 June 1936
Hansen-cross
=e
30,
10:30
o'clock
4.
1936
mM.
Threedy
Parker
Messrs.
PRESENT:
June
adjournment.
to
pursuant
convened
Court
is
Tuesday,
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
i
resumed
by Mr.
Parker
in
saying
I correct
am
D,
Exhibit
Defendants'
to
Referring
Q
cross-examination
further
for
stand
the.
HANSEN
M.
LESLIE
that when itis recorded against the cell 62 current from
flows
amplifier
the
A
Yes,
that
@
When
current
coil,
is
the
through
correct.
from
the
amplifier
A
No.
When
that
relay
79 pulls
up and
the
circuit
from
110 volt
then
the
wale
current
the
flows
closes
flow
through
that
relay
of
switch
supply
to sons bets
to the
bell
and
ines:
MR.
THREEDY:
I think,
if the
question.
I do not
believe
I do not
know
COURT:
that coil an armature
of
the
source
Can you
TELEPHONE
CENTRAL
8908
does
through
Q
THE
79?
does the bell 83 ring?
ALIGE
M.
RANKIN,
Court
STENOGRAPHER,
the
relay
of the
coil
answer
that
question
yes
or
no,
please?
Gourt
please,
he has
answered
that
is
to the
witness.
whether
he
fair
can
answer
it yes
or
246
i
Hansen-cross
—
CHICAGO
G,
no.
He
is
an
MR.
PARKER:
agents.
It
=
simply
is
the bell
amplifier
the
79 from
coil
the
cur-
when
not
or
of whether
a question
intermediate
the
for
call
not
did
question
The
through
flows
rent
expert.
rings.
The
ultimate
result
When
current
from
A
the
of
ringing
is a
bell.
FIRST
NATIONAL
BANK
BUILDIN
Q
the
coil
the
through
flows
amplifier
79
—anes
of
the
relay
yes
or
no,
shown
does
or
in Defendants'
Exhibit
does
target
not
the
D,
please
portion
answer
shown
in
front
lowered
posi-
HER,
of the cell 62 move into lowered position?
A
The
target
tion;
yes.
Q
Then
A
Yes.
Q@
Assume
is urged
it moves
that
D the movement
into
in the
into
a drop
a lowered
wiring
of the relay
position
or
position?
diagram
controlled
of Defendants
by a coil
Exhibit
shown at 79
ALICE
RANKIN,
M.
Gourt
STENOGRAP
is prevented
of current
or
does
not
take
place
from
the
amplifier,
are
any
in
suit,
wiring
diagram
to it,
for
or
in the
sounding
the
patent
bell
in response
means
to the
shown
in this
if you wish
83 .or operating
the
flow
to refer
electromagnet
69?
A
Means
MR.
PARKER:
TELEPHONE
CENTRAL
8908
for sounding
Read
the
the bell,
did
question,
please.
you say?
247
Hansen-cross
=x
CHICAGO
a
A
The
means
for
Q
Will
you
A
Of
course,
read)
sounding
the
bell
please
answer
my
question?
the
110-volt
lay 79 and therefore
79 is
was
question
(The
is
the
current.
the
by
controlled
is
current
110-volt
the bell could not ring unless
re-
the relay
closed.
FIRST
NATIONAL
BANK
BUILDING,
signal
means
target
portion
A
That
Q
And
or
the
or
bell
drop
the
from the amplifier
| 79 is closed by the flow of current
or
the
electromagnet
will
not
be
relay
the
unless
that
statement
in my
I correct
am
Then
Q
controlling
the
actuated? -
is right.
they
amplifier
cannot
flows
be actuated
through
unless
current
relay
the
coil
of
the
that
the
flow
of
relay
had
any
part
from
79;
the
is
that
from
the
cor-
rect?
A
That
is
correct.
Q@
Then
would
you
say
current
ALIGE
M.
RANKIN,
Gourt
STENOGRAPHER,
amplifier
through
that
in actuating
the
signal?
A
No,
through
turn,
Q
the
Then
not
say
amplifier
completes
plifier
TELEPHONE
CENTRAL
8908
I would
even
the
actuates
current
because
the
only
the
flow
of
current
relay.
The
relay,
in
line
to the
bell.
from
the
110-volt
unless
the
flow
of
through
the
coil
of the
though
takes place
that,
current
from
relay 79,
the
am-
there
248
=a
Hansen-cross
L
sHICAGO
flow of amplifier
that the
actuation
the
in
part
no
signal
means,
you still
current
through
the
of the
actuation
be no
can
current
A
The
flow
of
Q
From
the
amplifier.
A
The
flow
of
coil 79 plays
the
signal
means?
through
the
amplifier?
of
amplifier
current
from
the
controls
the
source
en
the
say
re-
that
actuates
FIRST
NATIONAL
BANK
BUILDING,
GC
thereby
lay and
and
supply
to the
signal
current
from
the
by any
means
shown
in
Can
be actuated
in
the
absence
through
the
coil
signal.
the
Q@
control
of
source
the
to
signal
the
to
supply
function,
its
is
that
means,
of
amplifier
of
a flow
of
of the
relay
79
patent
the
in
Exhibit D or
in Defendants’
suit?
Can
MR.
PARKER:
by any
actuated
it be
A
(The
the
read
Please
question
means?
question.
was
read;
ALIGE
RANKIN,
M.
GOURT
STENOGRAPHER,
A
No,
the
signal
is
seid
that
controlled
by the
actuation
of
the
re-
lay 79.
Q
Have
you
volt
line
shown
means
for
the
A
Yes.
it
TELEPHONE
CENTRAL
8908
is the
the
flow
in Defendants'
of
current
Exhibit
D is
through
the
the
110-
actuating
signal?
I did not
current
say
that
it
is the
actuates
the
actuating
means,
but
I said
signal.
249
|Hansen;cross
|
=———
BUILDING,
CHICAGO
to
flow?
switch
on
the
current
from
the
and
thereby
actuate
the
signal?
amplifier
closes
the
relay
current
Q@
What
causes
that
A
The
closing
of
Q@
Does
the
flow
causing
the
current
the
79.
relay
K
in
flow
The
A
and
thereby
of
from
current
of
controls
flow
to
the
part
any
have
amplifier
the
source
of
supply
to
the
signal.
of
current
FIRST
NATIONAL
BAN
Q@
Is
it proper
to say,
then,
that
the
flow
from
the
amplifier
through
the
coil
79 of
the
trols
the
110-volt
circuit
causes
4
No,
circuit
of
the
Q
the
flow
from the
110-volt
What
is
N,
Court
STENOGRAPHER,
of
current
110-volt
line
the
an actuation
through
the
and
thereby
to actuate
the
signal.
of
the
cause
which
of the
relay
line
ultimate
relay
signal?
completes
causes
actuation
the
of
con-
a
current
the
sig-
nal?
A
The
ultimate
cause?
Q
The
ultimate
cause,
what
A
You
mean
source,
where
Q
In other
ALICE
M.
RANKI
4 Tie beam
the
words,
of
the
electric
cell
rings
the
bell.
Q
When
the
| that
TELEPHONE
CENTRAL
8908
current
and
cell
then
starts
it
the
is
started?
why
does
the
signal
light
from
the
gun
starts
up
is struck
flows
from
the
chain?
get
actuated?
is projected
to
a photo-
system,
which
ultimately
by a light
flash,
you
have
said
through
the
coil
the
amplifier
|
Hansen-cross
|
:
of
the
relay
current
of
UILDING,
CHICAGO
flow
it
from
the
coil
this
that
that
say
to
statement
proper
a
through
pre-condition
to the
the
current
flow
from
79 to complete
the
circuit
to
signal.
of
actuation
an
is
79
amplifier
the
means?
Yes,
A
Is
necessary
absolutely
signal
79.
amplifier
that
is necessary
it
relay
the
through
the
from
FIRST
NATIONAL
BANK
Br
the
110-volt
Then
Q
through
line
in order
unless
that
coil
that
mrrent
79,
the
operate
does
signal
the
will
the
from
flow
amplifier.
not be actuated;is that
correct?
A
That
is
Q
Referring
TENOGRAPHER,
in
correct.
thet
figure
dependent
of
to Figure
4 of the
any
for
the
means
flow
of
patent
actuating
current
in suit,
the
through
signal
the
do you
tind
means
in-
relay
shown
at
79?
MR. THREEDY:
If the Court please, may I respectfully re-
ALICE
M.
RANKIN,
Court
S
quest counsel
Figure
to identify
4 of the
patent
the signal means
in suit.
he is referring
Identify
it by reference
question,
please?
to
character.
MR. PARKER:
Signal means 83.
THE
Will
WITNESS:
you
(The last
4A
The
signal
means
read
the
two questions
is actuated
were
by a flow
read)
of current
through
——-—
TELEPHONE
CENTRAL
8908
rage!
|
Hansen-cross
SS
een
a line
shown
MR,
PARKER:
tion
as
THE
it
in heavy
is
Read
PARKER:
I mean
the
witness
question
again.
the
Q
the
the
relay
79.
A
The
means
supply
lay
of 110
79.
MR.
find
elarify
any means
that
question
by
in
patent
which
does
the
for
actuating
volts.
This,
not
the
of
not
actuate
PARKER:
Will
you
read
the
You
have
not
answered
whether
or not
83 or
the
any means
will
electromagnet
that
I am
79?
there.
Taking
away
79 merely
takes
away
machine
set up with
the
D and
someone
al ong
the
signal
relay
you have this
Wiring diagram of Defendants?
TELEPHONE
CENTRAL
8908
question.
relay
by the
assume
you
again?
of
the
Well,
asking
signal.
coil
actuating
-Q
re-
does
for
means.
by the
that qgirrent
means
that
is the
event
The
for
which
69 in the
A
control
coil of
or
through
the
that
move
amplifier
circuit
controlled
actu-
actually
from the
of the
is
the
the
flow
closing
there,
what
will
the
is
question
not
that
flow through
course,
does
saying,
69 in the event
signal
relay
ALIGIH
bell
amplifier
The
M.
RANKIN,
Court
STENOGRAPHER,
ques-
the
answer
could
ate the signal 83 or the electromagnet
from
D.
re-read)
were
questions
I will
is do you
current
Exhibit
put.
(The
FIRST
Nat
TONAL
BANK
BUILDING,
CHICAGO
_
on Defendants’
if
I wonder
COURT:
BR.
green
Exhibit
is
operate
the
the
comes
252
Hansen-cross
and
takes
JILDING,
CHICAGO
would
away
relay
then
actuate
the
signal
signal
means
could
not
control
you
79,
ranoves
it
from
the
machine,
how
means
83
or
the
electromagne
actuate
if
it
did
not
of
closing
circuit
that
because
you
have
said
it
699?
A
The
the
NATIONAL
BANK
BI
relay
79
SS
Q
Could
not
aa
A
No.
It
from
the
110-volt
line,
taken
the
control
away.
riIRST
@
You
A
Yes.
Q@
Am
to
be
have
it.
actuated
could
if
taken
I correct
you
at
all?
had
some
but
the
you
means
haven't
control
away?
in my understanding
that
you
have
patent
in
suit
JOURT
STENOGRAPHER,
is
true,
on
Defendants’
shown
the
ALICE
M.
RANKIN,
¢
both
the
circuit
of
the
Exhibit
D,
of
the
circuit
of
that
in both
thee
in Defendants'
result
of a flash
of
the
amplifier
indicated
in
the
lower
in the
structure
of defendant,
of
current
turn,
causes
it
from
C,
light
from
the relay
and
Exhibit
current
it D or
s908
L
of
hitting
to flow
right
hand
79 indicated
of
the
is
equally
the
amplifier
110-volt
heve
patent
current
true
is
defendants
is
through
the
amplifier
suit
that
Exhibit
cause
relay
Exhib-
D, and
in tis structure
the
result
close
a relay,
to flow
to
of Defendants
and
as
circuits
cell
corner
to
shown
the
in Defendants?
in
as
through
a
of
the
which,
circuit
flow
in
which
TELEPHONE
CENTRA
ARR
Hansen-cross
actually operates
———
of Defendants’
that
Exhibit
83 or the electromagnet
D, or the part indicated
the
C or
Exhibit
Defendants’
is
the signal means
as Signal
above
positioned
coils
two
69
in
it;
correct?
A
That
Q
Is
is
correct,
Mr.
Parker.
to
say
that
correct
it
structure
the
respect
in that
FIRST
NATIONAL
BANK
BUILDING,
CHIGAGO
the
structure
because
they
function
are
suit
in
patent
the
of
and
defendant
of
paraliel?
A
No,
Q@
I did
not ask
framed
on
a series
Well,
A
the
is to direct
the
result
Q@
That
a question
I asked
function.
of results.
a beam
of that
of
light
direction
devices
In both
yes.
is parallel;
result
aim
operation
about
you
differently.
to a photoelectric
of the
of a signal
and
the
is true
of
both
devices?
is true
of both
devices;
beam
falling
of
on
the
cell
cell
the
and
is an
a target.
ALICE
RANKIN,
M.
GOURT
STENOGRAPHER,
A
That
MR.
PARKER:
Will
you
to the
witness
and
I will
in it
is
the
statement
please
structure
=—
last
question
say
yes
or no
was read as follows:
“Is
to say
him
that
to
in that
of defendant
of the patent
TELEPHONE
CENTRAL
83908
that
ask
read
back
whether
correct.
(The question
correct
yes.
in suit
and
respect
the
it
the
structure
|
are parallel?")
254
Hans en-cross
gs
CHICAGO
a
MR.
PARKER:
Q
Is
ants',
I could
general.
too
is
that
I will
by
time
save
true,
in both
that
when
a beam of light
or
rephrasing
the
question.
a flash
target
this
causes,
these
structures,
that
this
and
that,
oe
a flow of current
from
the
the ultimate
cuit,
result
of
details
is,
firstly,
secondly,
the
fall
from
audible
signal;
the
result
that
the
ultimate
A
Yes,
that
of
intermediate
cir-
the
causes
sounding
of an
portion
or
of activities,
is
of both machines?
correct.
is
ALICE
RANKIN,
M.
GOURT
STENOGRAPHER,
machines,
@
And
in both
suit
end
in defendants!
lows
from
the
coil
of a relay
current;
flow
is that
A
That
Q
I notice
of
flow
the
of
target
a
chain
intervening
digronardine
the
and
amplifier
raley
structures
in both
the amplifier
current
drop;
the
disregarding
of
each
in
a
amplifier
the
from
current
of
flow
the
on
strikes
of light
or
cell
photoelectric
in defend-
and
structure
FIRST
NATIONAL
BANK
BUILDING
the
no.
yes
plaintiffs’
it
and
that
answer
not
into
going
part,
of each
operation
the
development,
functional
the
—
are
you
Parker,
Mr.
"structure,"
say
you
When
A
that
is to
structure,
of
current
from
which
closes
the
say,
in
the
patent
in
this
ultimate
result
fol-
the
amplifier
through
the
outside
circuit
of 119-volt
correct?
is correct.
in Defendants'
Exhibit E a line
42' which runs
|
8908
TELEPHONE
CENTRAL
=
255
Hansen-cross
r
shown at oo
tube of the amplifier
from the plate of the
you
find
any
such
A
In
the
drawings
of
the
patent
in
Q
In
the
drawings
of
the
patent
in suit.
A
Not
in
the
Q@
Do
you
find
it
A
Not
in
the
specifications;
Q
Does
defendant
A
Defendant
Q@
Are
you
No,
I am not,
suit?
in
patent
in the
or wire
line
t,.
Do
9
suit?
eet
sir.
no,
drawings;
in
patent
the
in
described
specifically
FIKST
NATIONAL
HANK
BUILDING,
CHicadgo
'
suit?
ee
it?
employ
not
does
familiar
no.
diagram.
employ
that
wiring
the
file
wrapper
with
of
the
patent
in
suit?
A
|
Mr.
I have
Parker.
never
the
file
from
the
seen
wrapper.
have
Q You
M.
RANKIN,
GOURT
STENOGRAPHER,
not
A
No,
I have
@
You
have
at
it
examined
all?
not.
ALIGK
the
wrapper
how
UR,
THREEDY:
made
any
patentee
If the
words
please,
the
witness
Court
and
wrapper
wrapper
would
not
be proper.
| questions
8908
CENTRAL
TELEPHONE
|
on
It wuld
be
the
wrapper.
file
any
improper
said
he
that
questions
based
on
at
point
to ask
this
file
he employed?
the
file
COURT:
determine
interpreted
the
THE
to
attempt
seen
not
I.
not
had
file
any
256
ex
Hansen-cross
MR.
THREEDY:
MR,
PARKER:
Figure
3 of
—
to
Defendants’
suit,
I believe
Referring
Q
patent
the
correct.
is
That
in
to
B and
testified
you
tmt
1 of Defend-
in Figure
show
the trip rail 66 in the position
Exhihit
ants' Exhibit B, is effective to hold the target portion 48
correct?
that
is
position;
in upright
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
Yes,
if
hold
that
target
Q
against
in raised
position.
I believe
you
testified
of
light
with
of a flash
circuits
the
garding
electromagnet
A
That
Q@
And
that
the
cell,the
a
is
in between,
trip
rail
result
of
the
leaning
is
it
A
ultimate
the
66 it will
the
contact
result,
disre-
energization
of
the
69; am I correct?
is correct.
when
the
electromagnet
69 is energized,I
believe
you
testified that it cause the armature 69 to move in a clockwise
RANKIN,
M.
STENOGRAPHER,
GOURT
<| di rection?
<
A
That
is right.
Q
When
the
what
effect,
does
armature
if any,
does
move
this
in a clockwise
have
on
direction,
the position
of
the
target portion 48?.
:
A
The target 48 is moved
into
the position
shown
in Figure
2
is)
| by the trip rail 66 pushing against the depending arm 65 of the
7
u|
zu
‘
target,
and
the target
then will
fall.into
the position
shown
rae
Hansen-cross
3.
Figure
in
fall
It will
A
of
that
by gravity
from
the
position
you
not
say,
then,
would
or
you,
to
A
by
No,
I would not say that.
what
I termed
ss
a release
rail
released
the
target.
not
Q
It
A
It does
Q
It is not
STENOGRAPHER,
RT
J
portion
48 to permit
gravity?
fall
is
2 to
movement
the
that
portion
the target
of the trip rail 66 released
FIKST
NATIONAL
BANK
BUILDING,
CHICAGO
it
of Figure
3.
Figure
Would
Q
to fall?
it
cause
will
What
Q
I gave you ® definition
of
trip
say
that
the
falls,
the
target
not
I could
and
released?
not
hold
it.
released,
but
the
target
falls?
RANKIN,A
Got
M.
Yes,
it falis.
Q
But
it
A
It is urged;
is not
released?
ALICE
not release
it
you
When
is moved.
move
a thing
you
do
it.
@ when it is in the position in which it is shown in Figure
1 of Defendants’
the
target
portion
A
Yes,
it is held
Exhibit
B,
is held against
against
is
it not,
tmt
falling?
felling
The trip rail 66 could not hold
8908
CENTRAL
TELEPHONE
is a fact
it
in a clockwise
it from falling
direction.
in a counter-
258
—e
Hansen-ceross
direction.
cleokwise
——
it,
stand
A
Yes,
that
Q@
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
When
the
Q@
It
is
A
It
is.
Q@
I notice
portion
is
Q
In your
tire
target?
position
portion
target
position,
lowered
into
11
is
released?
—
released.
released?
portion
A the
Exhibit
Defendants’
l of
in Figure
target?
as a
right.
is
That
A
the
definitely
A
upright
correct?
not
or
target
described
is
ll
or
in raised
latch rod 18 is moved
the
Yes,
I under-
correct.
is
state whether
A
held
stem 18; is that
by the rod ar
please
is
1l
portion
the
as
1,
Figure
A,
Exhibit
to Defendants'
Referring
Q
does
opinion,
that
11
member
constitute
the
en-
Yes.
RANKIN,
STENOGRAPHER,
ALIGE
Court
M.
Q@
That
isthe
entire
target?
A
That
is the
target;
yes.
Q
You
the
patent
points
or
“target
of the
from
yesterday
words
at
the
portions
48" and
in one
of your
answers
term,
“target
portion."
What
is the
"portion"
as associated
with
the
several
"target
included
that
word
in suit
which
a description
employed
8908
CENTRAL
TELEPHONE
read
word
you
portion"
yoursel
significanc
“target"?
259
Hansen-cross
the
portion.
that
target,
constitutes
part
particular
that
that
means
It merely
A
Q
That
portion?
A
That
portion
Q
That
could
constitutes
not
mean
is a
part
target.
the
part
the
target
target
larger
some
of
it was
structure?
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
it
Well,
A
tion
of
it,
And
you
the
target
from
the
patent
4 por-
struc-
target
the
of
is
It
structure.
portion
is
it
but
of
ture.
Q
read
of
patentee
by the
given
Figure
3 is a vertical
upper
portion
of the
3,
Figure
transverse
traveling
he
sectional
view
mounted
target
portions.
Is
of the
structure
shown
in Figure
3?.
patent,
yes,
of
the
In the
light
Q
Is that
a correct
ants'
Exhibit
B?
A
showing
target
that
that
stated
in which
movably
STENOGRAPHER,
RANKIN,
M.
GOURT
a description
as
in suit
through
the
of
one
the
deseriptio
a correct
it is a correct
descrip-
ALIGE
tion.
description
of this
1 of Defend-
Figure
A
Figure
1; yes.
Q
In view
of this
employment
in the
patent
of the
to include
a structure
which
includes
the
"target"
48,
8908
CENTRAL
TELEPHONE
62 and
so on,
do you
still
feel
that
for
the
term
50,
numbers
purpose
of
260
Hansen-cross
=
=
suit
the
shown
as
ll in Figure
A
Yes,
I do.
are
FIRST
NATIONAL
BUILDING,
BANK
CHICAGO
Then
term
target
written
A?
11 on
the
member
marked
A is the
target.
The
that
target
into
11 having
an
aperture
in
I correct
into
patent?
think
No,
I do not
G
Well,
you
of
Figure
have
the
parts
that
it.
than
I do, Mr.
Parker.
the
descri
in
yet
and
description
accurate
an
appears
given
ption
the
give
you
which
that
target
The
operation.
that
said
3 is
shown
that
meaning
the
body
in my understanding
a different
the
that
part
shown
in Figure
3 as
the
upper
portion
a traveling
target,
but
in Figure
3, and
described
by the
patentee
the
describes
the
as
upper
portion
of
1
Figure
whole
all
showing
structure
that
A
patent
Exhibit
to put
am
Q@
1 of Defendants’
target
a
necessary
is a member
to the
Exhibit
1 is
in Figure
Limited
I feel
of Defendants'
member
to be
has
"target"
term
this
the
target,
traveling
of
you.
ALICE
RANKIN,
M.
GouRT
STENOGRAPHER,
see not only the target portion 48, but the base 50 and the
belts 51 for moving it and the photoelectric
mean
to
take
employing
the position
the word
&
I believe
when
he used
Q
CENTRAL
S908
TELEPHONE
Did
that
that
"target"
the
as
the
patentee
he
did?
patentee
the
word
“target.”
he say
target
structure?
meant
the
cell 62.
was
Do you
in error
target
in
structure
261
—n
Hansen-cross
not.
did
he
A
No,
Q
Then again
a sentence
which
traveling
type
included
description
is a correct
that
ample,
in
Figure
It
Q
Is it correct
the
pret
to say,
then,
and
of
the
patent
language,
the
patentee
language
Do
feel
that
shown,
for
you
structure
target
of
plurality
ducks.”
of the
description
correct
is a
a
ex-
3?
A
facie
with
provided
is
and
the
is of
target
"This
words,
the
48, which may ; simulate
portions
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
into the record
column of page 1, you read
part of the second
in the upper
body of the specification,
in the
of
shown;
structure
the
the prima
that simply reading
no
making
described
to
attempt
as
a
yes.
target
inter-
a gener-
al structure which included the base 50 and the cell 62 and
target portion
the
MR,
|
May I respectfully
THREEDY:
the
af
Court
48?
is not
That
please.
object
to
that
auestion,
of
this
wit-
to determine
that
from
province
the
ALICE
RANKIN,
M.
Court
STENOGRAPHER,
it
ness,
the
testimony
MR.
he
of the
province
is the
of
THE
CENTRAL
8908
TELEPHONE
him
to repeat
terms
about
whic
yesterday.
MR, THREEDY:
if
.
witness.
I em only asking
PARKER:
testified
way,
the
Court
I do not quite understand
the
Court
COURT:
He
the question that
please.
can
state
what
his
own
notion
is.
262
{| Hansen-cross
_————_—
THREEDY:
MR.
read
(The
question
PARKER:
That
is
THE
COURT:
I will
sustain
MR.
PARKER:
Q
MR.
question.
the
Kindly
COURT:
THE
I
that.
for
read.
question
the
have
to
like
would
calls
question
the
think
I do not
read )
was
the
the
face
of
of language
from
the
is
that
language
on
patent.
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
and
descriptive
am
I correct
of
the
to
read
language
you
that
in understanding
member
the
to
objection.
analysis
In your
term "target"
Exhibit
the
claims
yesterday
by Mr.
Threedy,
rigidly
limit
the
you
shown
at
11
use
in Defendant
s'
A?
Yes, that is right.
A
Q and that you exclude the possibility that the term target
might
be a
structure,
term
broad
you
call
it,
excluded
that
as
as
to
enough
and
include
thus
the
inelude
general
the
target
portion
1l;
STENOGRAPHER,
RANKIN,
ALICE
GOURT
M.
you
have
of that
a possibility
in your
(ntexoretet ton
word?
A
Yes,
I have.
Q@
Then
it is not
your
idea
that
the term
"target"
is broad
enough to include anything more than that portion 11; am I
correct?
A
8908
CENTRAL
TELEPHONE
That
is correct.
The
target
is the
thing
at which
you
263
i
Hansen-cross
al
< |
=
S|
the
operates
which
structure
and
not
the
Q
Then
the
operator
shoots
z|
A
He
shoots
at
the
aperture
<|
ZH
Q
Supposing
he
hits
;the
target
a
beam
actually
hits
some
part
of
the
the
cell
which
you
tell
Z| shoot
=|
the
at
target.
11?
portion
target
|
«|
light
of
target.
the
in
that
the
target
ll.
What
me
is not
a
so
itself
portion
x| happens?
KH
A
Nothing
happens.
Q
Supposing
he hits
part
of
the
A
The
beam
of
light
target
and
impinged
on the
ee
gree
target.
What
happens?
FER,
|
in
the
the
release
a signal
of the
have
will
cell
and
ultimately
to actuate.
Q
Then
I am
correct,
em
I not,
in understanding
that
when
the
operator
aims
at
wend
purpose
to miss
the
target?
A
I wouldn't
say
Q@
You
said
that
if
he
4
is
his
ALIGE
M. :
RANKIN,
Gourt
STENOGRAP
A
the
if he
hit
the
cell
something
If he directed
the
hit
the
nothing
happened,
beam
of light
through
the
something
would
he
would
hit
the
cell
Q
When
the
flash
of light
goes
TELEPHONE
CENTRAL
8908
target
happen.
target
target
structure
did
the
the
Aekzee
say
to
you
it
that.
that
it hit
cause
A and cause
Exhibit
in Defendants’
target
aperture
the
through
passed
and
through
the
but
aperture
in
happen.
aperture,
does
itself?
264
Hansen-cross
CAGO
No,
the
flash
@
Then
am
I correct
Well,
A
—
that my understanding
in my statement
the
operator
tries
to
miss
naturally,if
he
hits
the
target
he
won't
to hit
my
question
not
Q@
<Answer
target,
or
doesn't
tries
A He
hit
of
the
What
part
A&A
The
aperture
Q
You mean
A
It
Q
When the
is
the
or
no.
Does
a part
of
the
target.
target.
hole,
the
in
the
target
A
That
is
portion
is part
air,
11
is
of
forms
and
target
rod 18 is moved
the
try
to miss
the
target?
the
target?
in the
formed
that
he
yes
he?
to
Q@
itself.
plate
the
want
would
direct
and therefore he
the beam through the aperture in the target,
FIRST
NATIONAL
BaNK
BUILDING,
CHI
target?
the
that
is
say
you
of what
target.
the
hit
not
does
A
a part
target
you say
position,
into release
then
the
of
released?
right.
ALICE
M.
RANKIN,
GCOURT
STENOGRAPHER,
Q
What causes
A
Gravity.
Q
Is
it a
fendants’
patent
that
upright
fo
TELEPHONE
CENTRAL
8908
correct
structure
in suit
the
the fall after
target
statement
as
shown
it is released?
which
can
be
in Defendants’
structure,
as
portions
of both
shown
made
Exhibit
in Defendants?
structures
both
are
of
de-
A, and
Exhibit
the
B,
normally in
position?
as
Hansen-cross
i
i]i!
A
That
is
Q
Is
it
correct
to
say
that
the
cell
of
either
of
the
two
that
the
target
| and
Figure
2 of Defendants!
j
A
That
is
Q@
Is
FIRST
the
A
Gravity
@
Am
plays
a part
I correct
in
in saying
resides,
term
"release"?
A
That
is
Q
How do you
cell
a
into
lowered
is
poB
Exhibit
is
this
it;
yes.
that
your
primarily,
‘the result
as
that
gravity
into
portions
target
these structures
the
result
A?
structures
the
against
the
to move
lowed
ultimate
Defendants’!
3 of
Exhibit
these
both
of
of light
flash
strikes
correct.
true
it
the
moves
case
light
of
4 flash
machines,
Figure
in
shown
is
when
in each
portion
as
such
sition
NATIONAL
HANK
BUILDING,
CHICAGO
correct.
of
al-
thereby~
position?
lowered
differentiation
between
in your interpretation of
SS
rignt.
define
the
term
defined
it.
"release"
for
the
purpose
af
ALICE
M.
RANKIN,
Gourt
STENOGRAPHER,
this
controversy?
A
I have
Q
Would
I have
|
A
so
you
care
had
an
To release
that
tion
TELEPHONE
CENTRAL
8908
not
already
it might
of some
to define
opportunity
a thing
move
other
is
You will
to
get
a copy
to let
go,
or
either
force.
it briefly?
To
of
its
own
release
it
remember
of your
definition.
to liberate
a thing
volition
the
is
to
or
let
go
of
voliit.
266
Hansen-cross
—
in
=
suit
UILDING,
CHICAGO
as
shown,
of defendants'
it
is
C,
Yes,
example,
machine
that
fact
a
for
that
isa
the
briefly
summarize
to
Just
Q
as
in
shown
Figure
4,
and
in Defendants'
the
structure
Exhibits
a
connecting
the
cell
means
including
stationary
means
engaging
said
A and
target?
traveling
show
structures
both
patent
of the
structure
fact.
And
a photoelectric
cell?
And
a
cell.
And
a photoelectric
FIRST
NATIONAL
BANKB
photoelectric
amplifier?
>©
fF
pb
©
That
is
Q
And
means
operatively
A
Yes,
that
is right.
Q
These
connecting
right.
and
the
ampli-
fier?
and
traveling
movable
A
with
That
contact
the
contact
stationary
means
means
and
target?
is correct.
ALIGE
M.
RANKIN,
Court
STENOGRAPHER,
Q
Anda
toward
the
manually
aimed
for
projecting
a flash
of
light
target?
A
Yes,
that
is right.
Q
And
signal
means?
A
It
includes
a Signal
Q
And
some
A
It includes
TELEPHONE
CENTRAL
8908
gun
means
means;
yes.
for actuating
some
means
for
the
signal
actuating
means?
a signal
means.
2697
|
Hansen-~-cross
/—
true
structures
is
a
necessery
prerequisite
for
actuating
the
steps
taken
in actuating
the
signal
Is
it
UILDING,
CHICAGO
from
the
amplifier
means?
signal
the
of
It
is
one
Is
it
a necessary
A
It
is
in
Q@
Im
the
normal
A
current
of
flow
the
that
in both
Q
means.
Q
prerequisite?
FIRST
NATIONAL
BANK
B
the
of
operation
normal
the
machine.
SS
means
cannot
be actuated
the
amplifier
flows
through
a
of
110-volt
patent
in
unless
current
from
the
source
correct..
trolling
A
That
is
Q
And
both
am
and
of defendant
machine
the
signal
the
suit,
the
of
of
operation
structures
have
the
for
motor
a driving
con-
correct?
is that
current;
relay
target;
I correct?
A
That
is correct.
@
In both
instances
a gun
is
employed
having
an
electric
at
the
target;
gun
does
not
ALICE
M.
RANKIN,
Gourt
STENOGRAPHER,
light
source
for
projecting
is that
correct?
A
No,
that
is not
Q
You
mean
that
ject
a flash
A
May
Q
Go ahead.
TELEPHONE
CENTRAL
8908
of
I explain
of
light
correct?
the light
light
a flash
at
my own
the
source
in the
pro-
target?
opinion
of
it?
9FR
Hansen-cross
Se
as
CHICAGO
target.
the
at
of
gun
The
A
in
suit
The
gun
of
the
defendants'
ter
for
allowing
a flash
of
light
of
the
gun
to
be
directed
at
the
Is
the
beam
A
No,
it
is
@
Well,
the
to pass
a shut-
through
the
barrel
at
the
target?
target.
constantly
directed
is
it a correct
statement
then,
result
of
a trigger
is the
emission
very
brief
flash
A
Yes,
the
trigger
pull-is
Q
Is
structures
have
A
Yes,
they
both
have
a
Q
Is
true
that
in
each
of
a beam
employes
it
light
Q@
light
of
has
device
and
nature
of a constant
is
which
of light
patent
flash
4
projects
the
FIRST
NATIONAL
BUILDING,
BANK
motor
A
not.
it
includes
No,
the
that
and
of a
gun
the
from
Ss
light?
result
true
it
of
pull
machin
in both
that
of the
both
shot-limit
device
of the
the
by the
patent
a
flash
of
light.
switch?
shot-limit
switch.
structure
is controlled
a
circuit
shot-limit
in suit
for
the
switch?
employes
arelay
A,
ALIGK
M.
RANKIN,
GouRT
STENOGRAPHER,
which
controls
device
of
by a cem
trols
Q
TELEPHONE
CENTRAL
8908
on
the
flow
Is
true
it
motor
the
they
shot-counter
of
current
that
in
by a shot-limit
Yes,
of
defendants
the
trolled
A
the
the
patent
have
a
in
suit,
switch
mechanism
to
the
motor.
each
case
the
which
motor
that
whereas
is
the
actuated
operates
circuit
in
or
is
con-
con-
switch?
it is necessary
for
the
shot-limit
switch
to be
269
Hansen-cross
Se
closed
in
in order
for
the relay A of the
patent
in suit
to ie
circuit.
Q
That
is
true,
then
A
And
that,
in
turn,
Then
it
I beg
--
|
pardon.
the
controls
|
the
to
current
of
flow
motor.
Q
that
structures,
both
in
true
is
patent
the
of
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
the
that
of defendant,
and
in suit
flow
to the
current
of
a
is
A
Well,
not
go
by the
controlled
motor
through
the
--
say
that.
I didn't
4A
It
is
controlled
by
Q
Is
it
true
in both
has
electrical
that
actuating
A
Yes,
it has.
Q
Is
it
true
in both
means
must
be
M.
RANKIN,
GOURT
STENOGRAPHER,
it;
it
if
I asked
Q
is
do es
suit
in
patent
in the
motor
the
to
current
the
switch?
shot-limit
by it.
controlled
yes. .
structures
the
shot-limit
switch
means?
structures
that
these
electrical
actu-
ALIGE
ating
shot-limit
A
Yes,
Q
Is
the
| ger
A
it
successively
operated
to
open
the
switch?
that
true
is
correct.
in
both
structures
electrical
actuating
means
of the
gun
or
movement?
Yes,
controlled
{|
finally
by its
that
which
by a switch
is
there
is
a
circuit
for
controlled
vy the
trig-
adjacent
the
trigger
in
the
———-—_____
---
8908
TELEPHONE
CENTRAL
270
Hansen-cross
—_
gun.
and
means
for
moving
A
Yes,
that
is
Q
Is
true
that
you
FIRST
NATIONAL
BANK
BUILDING,
CHIGAGO
it
drop,
and
which
with
this
movable
to that
says,
MR.
have
which
have
described
as
target
structure
in both
some
Court
please,
but
I think
the
said,
it
“Is
is an error
I will
sustain
the
MR.
PARKER:
Q
it
that
is itself
target
object
seriously
introduction
to
the question
and
Is
true
in defendants'
you
call
movable
structure
linguae.
I should
structure
of
true?"
COURT:
what
structures?
I do not
or lapsus
THE
with
associated
it possible.” |
That
in suit
is
target,
a
a
as
described
be
can
portion
PARKER:
ALICE
M.
RANKIN,
Gourt
STENOGRAPHER,
target
target?
the
the
question,
"Is
the
right.
If
THREEDY:
MR.
a movable
comprises
in suit
of the patent
structure
and
defendants
of
structure
the
that
true
it
Is
Q
the
its
base;
is that
target
A
Both
structures
a whole
correct
have
in
the
structure,
in relation
as
objection.
there
structure
to the
being
also
paten
is associatieted
a target
target
the
portion
structure,
movable
of both
structures?
a target
structure
which
the
in relation
that
to
is movable;
yes.
@
Is it true
that
in the
structure
described
in Figure
3
TELESHONE
CENTRAL
5908
271
Hansen-cross
ae
CHICAGO
the
showing
one
of
ferring
to
Figure
scribed
in
the
which
traveling
target,
movab ly-mounted
target
portions,
now
is
it
patent
an
aperture
aligned
with
A
Yes,
Q
Is
that
is
true
that
it
said
in
aperture
in the
That
Q
Is
aligned
so
to
be
1 of Defend-
portion
Ld.
the
aperture
that
light
of
accurately
target?
the
/
is right.
that
true
it
target?
the
at
target
with
by a flash
to be struck
in position
A
the
Figure
of
15 is
at
62 so that
directed
structure
photocell
directed
48
positioned
the
the
is
member
the
right.
is an
it
cell
is
accurately
A there
that
de-
in
shown
and
aperture
Exhibit
and
is
re-
so
structure
the
in
the photoelectric
of light
flash
by a
that
true
3,
with
struck
ants'
of t he
is aligned
is
cell
FIRST
NATIONAL
BUILDING,
BANK
portion
upper
the
as
patent
the
of
in both
structures
there
is an
operative
cell and the member
66 ©
Exhibit B and the member 18 in Defendants'
Ex-
connection between
the photoelectric
ALICE
M.
RANKIN,
Court
STENOGRAPHER,
in Defendants’
hibit
A, whereby
A
impinges
48 or 11 falls
on
the
cell
or is moved
to
position?
In the
one
device
fendants’
Exhibit
the patent
in suit,
TELEPHONE
CENTRAL
8908
of light
a flash
is that the portion
the result
lowered
when
A.
it falls.
In
the
That
device
it is moved
is
the device
of Defendants'
to a hit
position.
of De-
Exhibit
B,
Other-
272
Hansen-cross
CHICAGO
to the
say
question.
the
to
is yes
my answer
wise,
Then
you
ease
there
is such
and
the part 66 on the one hand,
in a recumbent
in each
that
you,
connection
an operative
the
between
cell
and the part 18 on the other,
is that the target portion 48 or 11
that the ultimate result
ends
do
proposition,
Q
position?
FIRST
NATIONAL
BANK
BUILDING
t,
A
Yes,
Q@
Of
A
Yes.
Q@
Is
that
both
to move
mechanism
not
You
said
remember
turn
will
counter
shot
the
are
shot-limiti
trigger
pull
of
trigger
of the
in
which
a switch,
operate
@
operation
there
that
to a
in response
operate
each
Yes,
A
structures
both
of
true
it
true.
structures?
which
means
is
on
pull
gun?
gun
will
shot-counter
the
operate
or
shot-limiting
means.
not
--
yesterday
that
there
was
whether
said
this
of plaintiffs'
structure,
or
you
the
the
present
I do
patent
in
ALIGE
M.
RANKIN,
GourtT
STENOGRAPHEE
suit
or
defendants'
to say
that
there
no
the
gun.
Do
A
The
shot-limiting
er mechanism
switch
MR.
TELEPHONE
CENTRAL
8908
on
the
THREEDY:
you
was
and
both,
but
I understood
you
shot-limiting
means
associated
with
remember
the
that
means
light,
answer?
is associated
in
turn,
with
the
is associated
shot-count
with
the
Court
please
gun.
Could
we have
the
witness,
if the
273
il
Hansen-cross
ee
——.
CHICAGO
i,
=ee
did
properly
so.
It would
You
have
to determine
vague
be a little
he
think
mt
I do
of?
speaking
was
he
device
each
identify
|
—
the
exhibits.
COURT:
THE
|
A
Yes,
MR.
THREEDY:
FIRST
NATIONAT,
BANK
BUILDING
you
said?
counsel
what
heard
I have.
answered
your
last
question?
Q
Which
device,
MR.
PARKER:
A
Iwas
referring
Q@
Would
you
say,
suit
between
to
the
to,
Mr.
plaintiffs’
or
referring
you
were
What
device
of
Hansen,
when
Sorens ents" ¢
the
patent
in
wit.
is no
association
PEER,
patent
in
A
Yes,
I would
Q@
There
is no
A
The
say
that
the
shot-limiting
association
and
this,
you
would
there
means
and
in
the
the
gun?
that.
shot-limiting
mechanism,
the
then,
whatsoever?
means
is associated
with
in turn,
is associated
with
the
shot-counte
the
switch
in
gun.
ALIGH
M.
RANKIN,
Court
STENOGRA
Q
Then
this
functioning
means
is controlled
not
say
together
by the
that
this
common
fact
that
trigger
pull
of the
I believe
that
and
the
association
the
and
shot-limiting
gun
constituted
an association?
A
Well,
to mean
in my opinion,
some
direct
connection
with
association
the gun,
some
would
direct
have
opera-
tion with the gun.
TELEPHONE
CENTRAL
8908
274
——s
|
Hansen-cross
i
Q
Would
you
A
Well,
to
associate,
in my
be
linked
it
would
means
or
in
Q
You
mean
A
Yes.
Q
Then,
into
the
A
Well,
yes.
Q
I am
trying
A
Yes.
Q@
If you
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
<=
meaning
to
have
that
and
by
some
structural
the
gun.
reading
the term
"associate"
or
“association"? .
to
get
at what
were
to give
were,
for
the
shot-limiting
A
Well,
you
that
word
example,
to
a cooperative