Phoebus Corporation and Rayolite Rifle Range Co. v. Ford Amusement Devices — Proceedings Transcript, 1 July 1936
Livineston-direct
Wednesday,
10:30
Court
convened
pursuant
Messrs.
to
July
1,
1936
o'clock
a.
m.
adjournment.
Threedy
Parker
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
LIVINGSTON
CALLARD
resumed
the
stand
for
MR.
THREEDY:
THE
COURT:
Yes.
MR.
THREEDY:
@
Has
the
Mr.
nation
you
explained
tion
the
device
of
patents.
that
Advise
a mechanic
ALICE
M.
RANKIN,
Gourt
STRENOGRAPHER,
further
Court
by Mr.Threedy
the
art
book
Livingston,
to
the
of each
the
direct-examination
Court
of prior
yesterday
Court
the
of
the
Doucet,
Hoxie
whether
or not
you
skilled
in the
art
have
McCullough
an
opinion
knowledge
named
could
produce
three
patents
which
would
include
all
the
of
patent
in suit,
particularly
the
11,
if so,
explain
Court
instrumentalities
to
and
opera-
having
the
and
and
and
of
10 and
direct-exami-
construction
disclosures
the
on
patents?
the
of
device
the
of
what
a device
device
claims
that
of the
1,
2,
opinion
is.
A
Yes,
|
McCullough
| rn
a
TELEPHONE
CENTRAL
8908
I have
such
disclosures
an
opinion.
could
The
be readily
Doucet,
Hoxie
combined
and
to produce
336
Livingston-direct
=
a device
which
1l
patent
of
the
opinion
I have
Fisure
1 of
Hoxie
patent,
nation.
In
would
have
in
suit.
had
the
the
For
prepared
Doucet
the
of
claims
purpose
Defendants'
patent,
and Figure
effectins
elements
explaining
Exhibit
the
G,
that
which
shows
single
figure
of
1 of the McCullough
patent,
in combi-
this
and
of
1, 2, 10 end
combination
it
is
not
the
necessary
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
to
alter
either
18 and
leads
from
Doucet
ter
or
gun
at
with
light
gun
disclosures.
was
simply
connected
by
these
in
the
which
already
existed
the
lead
18
of
Doucet
being
to
connected
counter
the
The
circuit
the
McCullough
in
the
regis-
below
the
point
indi-
connecting
the
Doucet
light
just
pointed
out,
of Hoxie,
the
just
of McCullough,
39 in
to
the lead 19
magnets
the
of
one
eonnected
and
of battery 38 in McCullough
being
shot
these
leads
side
the positive
of
19 to
patent,
MeCullough
cated
any
Doucet
The
two
or
latter.
connections
as
circuit,
I have
ALICE
RANKIN,
M.
STENOGRAPHER,
Court
are
indicated
From
lead
at
amplifier
was
to
an
and
G.
Exhibit
amplifier
connected
thereof
connected
other
the
of
was
side
electromagnet
The
CENTRAL
3908
TELEPHONE
one
in Defendants’
output
the
25 of the latter
McCullough
which
in blue
to the
the
lead
electromagnet
22
20
signal
55 of
the
Hoxie
26 from
23 in MeCullough,
to
releases
the
target
of
this
electromagnet
side
means
indicate
a hit.
23 is connected
aot
Livingston-direct
to
a
negative
side,
let
Side of that
battery
of
means
BUILDING,
CHICAGO
the
signal
McCullough
hooked
FIRST
NATIONAL
HANK
in at
We
drawing
lough
up,
of
battery
14,
and
the
positiv
other
36 to the
at lead
is connected
in
I stated
that
effecting
this
the
obviously
have,
for
omitted
because
say,
side
35.
I believe
alter
us
it was
of
to
I have
simply
places.
simplicity
in making
this
circuit
connections
in MecCul-
simply
clutter
up
andbe
these
devices
operates
combination
they
unnecessary
necessary
combination.
convenient
purposes
not
would
the
sheet
as
it
did
alone,
and
a pull
on
the
trigger
B
confusing.
Each
of
in
the
operation
of
the
of
the
Doucet
gun
will
to
be
emitted
from
the
illuminate
the
light
gun.
That
light
11
to
cause
will
be
operated
No,
I am mistaken
through
the
lens
10
along
the
line
in that
11.
Simply
along
the
dotted
line
and
impinge
upon
will
affect
the
ALICE
M.
RANKIN,
Gourr
STENOGRAPHIER,
of
the
rotating
Hoxie.
That
disk
11
photocell
turn
will
cause
a
change
in
fier
and,
by leads
25 and
26,
an
operation
in
the
magnet
23 and pull
target
22
TELEPHONE
CENTRAL
$908
to
the
back
indicate
this
a hit.
output
that
McCullough
--
a flash
through
an aperture
the
photocell
amplifier,
which
in
current
of
that
empld-
change
will
effect
current
mechanism
to operate
electro-
little
latch
21 to release
At
same
time
the
B in
the
the
signal
338
_
Livineston-direct
means
a
in
erash
counter
the
form
of
a
simulating
the
R will
up,
of curse,
step
is being
symbol
here
sound
or
will
report
indicating
rotated
be
of
one
meantime
operated
a
gun
shot.
to
and
The
by the motor
give
this
shot
target
11,
16.
This combination does not have a shot-limiting means|
ment
of this
shots,
let
the
gun
say
10.
would
be
rendered
it were
ALIGE
M.
RANKIN,
Gourr
STENOGRAPHER,
put
have
the
quickest
Q
Mr.
Livingston,
please?
scriptive
what
a
5908
TELEPHONE
CENTRAL
you
will
element
or
it would
be very
shot
elementa
it
or
described,
very
are
circuit.
I think
if
and
refer
to
the
patent
now
and
part
tenth
effect.
suit
whether
the
simplest
in
Court
of
of
number
the
understanding
the
arrange
be
your
patent
series
it wuld
With
the
is a
switches
the
of
parts
For
‘Such
I have
manner
circuit
gun
the
in
and
variety
other
in
termination
inoperative.
the
in
switch
be applied
could
great
of very
the
apply
to
At the
apply.
a predetermined
to permit
combination
to
easy
19there
18 or
by
defined
combination,
this
by
very
be
would
device
the
of
2 omitted
leads
us
and
common
the
of
in one
example,
element
which
means
limiting
a
such
but
only
the
11
and
2 10
1,
claims
is
that
I think
and
Fikstr
NATIONAL
BANK
BUILDING,
CHICAGO
or
which
the
not
elements
the
of
disclosure
part
descriprive
that
any
reference
enable
you
to
constitute
the
in such
explain
to
target
that
as
of
advise
patent,
find
you
would
of
suit,
in
the
deCourt
term
|
339
Livingston-direct
AGO
|
A
If
I understood
part
of
the
term
"target"
Q@
I am
drawings
or
|
term
askins
you
whether
the
the
the
used
the
in
in
the
suit
the
claims.
descriptive
to
the
Court
what
constitute
the
target
as
that
term
is
claims
"target
portion
48,
line
1, about
48," which
element
employed
to
I find
32,
indicates
that
the
based
upon
your
opinion,
in your
of the patent
of the device
understanding
informati
46.
portion
target
any
the
in issue.
on page
specification,
with
or
explain
the
you
parts
to
of
furnish
defines
you
is the member
The
is
patent
suit
language,
@
the
what
in
device
In the
target
patent
enable
elements
A
|
that
would
define
of
as
of
FIRST
NATIONAL
BANK
BUILDING,
CHIC
which
specification
asked
you
correctly,
question
your
issue.
in
claims
the
of
device
the
in defining
is employed
is that
in suit,
RANK
IN,
GOURT
STENOGRAPHER,
provided
the
target
which
is
the
device
of the
claims
an
with
aperture
as
in
defined
in issue?
ALICE
M.
|
|
The aperture 61 is in the target portion 48.
4
Yes, it is.
Q
From
your
understanding
patent
and
the
disclosure
suit,
do you
would
enable
you
to
constitute
a
drop?
element
elements
TELEPHONE
CENTRAL
8908
No,
I do
such
in
reference
which
A
drawing
the
any
find
disclosure
or
of
descriptive
of the
not.
The
term
"drop*
of
the
part
the
of
patent
in
descriptive
part
or
to
the
Court
what
in
the
claims
and
explain
is used
340
| Livingston-dircet
| ee
is
also
used
CHICAGO
}ILDING,
UL
in
the
I have
been
unable
patent
what
is
@
The
tarset
il
specification
to
determine
meant
target
provided
by
element
Yes,
it
@
State
whetheror
a vertical
of
position
relate
adapted
when
a hit
circumstances
is
to
registered?
these
and
11
are
or
in
suit,
including
the
drawings
and
of
the
patent
in
in
so
those
drop
and
means
for
patent
a
I have
stated,
is meant
by
the
term
drop
specification
or
any
other
part
include
claims
is
patent
not
it
consistent
suit,
is
with
far
releasably
your
the
as
holding
the
position?
as
those
and
the
under
part
to
raised
and
of
and
not
10
the
descriptive
reason,
position
by
iss
thatclaims
which
10
the
A.-
11,
claims
is that
a horizontal
what
the
suit,
into
A Well,
ALICE
M.
RANKIN,
Goort
STENOGRAPHER,
is
defined
drop
in
testified
"drop."
as
in
drop
the
aperture
disposed
and
of
the
is
defined
study
with
which
claims
diligent
have
in
the
not
you
patent
disclosure
term
is
48 which
the
opinion
from
it
portion
of
FIRST
NATIONAL
BANK
Bt
the
but
the
a drop,
structure
I cannot
having
are
been
unable
to determine
from
the
patent,
either
the
of
the
patent,
claims
10 and
unintelligible
defined
relate
to
or
the
to me
device
for
that
defined
by
the
specification
of
those
conditions,
that
the
patent.
Q@
TELEPHONE
CENTRAL
8908
Then
you
would
say,
under
claims
341
Livingston-direct
CHICAGO
G,
|
10
and
end
|
A
Yes,
they
@
Refer
to
you
find
the
Said
the
patent
suit.
Q@
I was
speaking
Mr.
Livingston,
in
the
means
May
any
of
the
shown
the
things,
photoelectric
the
thus
A
in my
word
an
or
defined
Yes,
claim
such
advise
the
Court
wovld
fron
in
the
patent
structure
in
the
for
that
which
patent
matter.
There
operated
suit.
drawings
the
is
suppor
current
1 of
of
whether
by
of
in
is no
current
amplifier.
you,
Mr.
Livingston,
in
"signal
means
cell
which
by the
specification
described
patent
suit
your
which
by claim
1 of
that
word
"from"
opinion,
that
the
Advise
the
the
the
is
Court
means
suit?
is controlling
and
or
the
agency,
of
including,
current
in
current
device
among
from
a
whether
or
controlling
signal
patent
the
as
by the
opinion,
operates
that
is deseribed
actuated
amplifier"?
"from",in
agency
in
specification,
I inform
1 of
means
find
a photoelectric
cating
suit
recited
in
| nor
wmrrect?
as
Nor
drawings
that
amplifier,"
patent
Other
and
the
is
actuated
the
claim
AL
ICH
M.
RANKIN,
Court
STENOGRAPHI
in
suit;
“signal
not
Q
in
expression,
signal
|
the
I do
from
patent
of
are.
No,
A
the
device
a description
| suit,
|
in
of
of the
svecification
A
|
misdescriptive
specification
FIRST
NATIONAL
BANK
BUILDIN
ah,
11 are
of
as
indi-
the
device
it says
plainly,
which
is
the
|
TELEPHONE
CENTRAL
8908
342
Livingston-direct
current,
which
operates
electric
amplifier.
THREEDY:
THE
GOURT:
MR.
THREEDY:
Will
you
(The
last
question
Livingston,
No,
Q@
Then,
Mr.
word
"from"
used
the
expression,
the
signal
R.
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
Did
the
I did
in
claim
the
of
the
in
suit
from
understand
read
"signal
in
come
the
the
question
and
answer
the
Court
is
1 of
means
1 of the
the
from
the
witness’
from
some
and
were
photo
answer?
patent
patent
in
other
read)
in
by
cell
answer?
to understand
actuated
photoelectric
current
must
not.
claim
amplifier,"
current
Court
83,
suit
and
current
suit,
the
used
in
from
said
distinguishes
amplifier
source
that
of
other
the
patent
than
the
me
that
amplifier?
THE
WITNESS:
I wonder
if you
would
please
read
question?
(The question was read)
ALICE
RANKIN,
M.
GoURT
STENOGRAPHER,
A
Yes;
positively.
Q
Then,
Mr.
Livingston,
Court
whether
or
conform
to
the
description
of
the
expression
opinion,
1 of
the
means
actuated
by current
from
said
amplifier,”
as
claim
1 of
patent
in
suit,
must
include
a part
means
which
is operated
TELESHONE
CENTRAL
8908
patent
the
in
a signal
to
the
your
structure
a device,
advise
suit
by virtue
as
not,
of
in
claim
"signal
used
by current
of
in
its
from
the
343
> Hi]
Livingston-direct
photoelectric
cell
A
Yes,
Q
Advise
the
Court
whether
or not,
shot
counter
and
the
limiting
switch
a
claim
manner
any
target
for
such
with
to
push
or
a
light
impinges
Will
you
when
WITNESS:
the
The
shot-counter
at
73
or
operates
in Figure
portion
with
4 of
the
48 to fall
MR.
THREEDY:
THE
COURT:
signal
urge
of
patent
target
the
the
upon
read
the
read)
mechanism,
which
the
in
target
the
mechanism
to
to
in
suit
push
portion
in
the
48 into
cell?
question?
is generally
suit,
the
opinion,
mechanism
was
patent
means.
in your
target
please
(The question
A&A
a
cooperates
position
THE
calls
mechanism,
FIRST
NATIONAL
BANK
BUILDING,
CHicaGco
hit
1
amplifier?
indicated
in no
way
cooperates
cause
the
target
into a hit position.
That
is all,
if
the
Court
please.
Cross-examine.
ALIGE
M.
RANKIN,
GCourr
STENOGRAPHER,
TELEPHONE
CENTRAL
83908
——
344
Livingston-cross
=|
GHIGAGO
CROSS-EXAMINATION
By Mr.
Q How
long
you
bem
a patent
Something
over
five
years.
How
since
you
were
over
two
years..
A
FIRST
NATIONAL
BANK
BUILDING,@
Patent
have
Parker:
long
solicitor?
admitted
to
practice
before
employ
of Mr.
Threedy?
you
are
now
in
his
em-
wrapper
of
the
patent
in
the
Office?
A
Soréthing
Q@
How
long
A
Over
three
@
Is
my
have
you
been
in the
months.
-understanding
correct
that
ploy?
A
Yes,
Q@
Are
that
is
correct.
you
familiar
THREEDY:
That
with
the
file
suit?
MR.
ALIGE
M.
RANKIN,
GourT
STENOGRAPHER,
amination,
MR.
if
the
Court
PARKER:.
He
has
indicate
he
has
patent.
THE
is objected
such
He
COURT:
has
not
proper
cross-ex-
please.
answered
familiarity
studied
to as
with
questions
the
patent,
the procedure
leading
qualified
a patent
The
question
cross-examination.
I will
as
which
up
would
would
to
the
indicate
issue
to
that
of the
exvert.
is whether
or
sustain
objection,
the
seem
not
it
is
proper
|
TELEPHONE
CENTRAL
8908
345
:
a
Livingston-cross
Q
PARKER:
MR.
of publications
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
THREEDY:
MR.
This
witness
file
wrapper.
the
file
wrapper
of
the
patent
in
suit,
through
it and
to
read
from
the
Patent
the
names
are
cited
by
If
the
it
in
actions
Office
Plaintiffs'
look
to
you
I ask
and
has
not
THE
COURT:
I will
MR.
PARKER:
©
to
Referring
understanding
showing
parts
of
A
That
is
©
Referring
the
any
improper.
is
that
I think
contents
of
the
i
objection.
the
sustain
Office.
concerning
testified
in my
Patent
the
patents
whatever
of
numbers
and
please,
Court
correct
Defendants’
Exhibit
G,
am
have
combined
in
one
three
different
patents?
you
that
structures
of
correct.
first
I understand
which
is
you
of
copy
certified
a
G, which
Exhibit
I hand
the
Doucet
patent
been
offered
in
to
has
No.
1,451,294,
evidence,
are
you
of
this
fam-
this patent?
dliar with
ALIGE
RANKIN,
M,
Gourt
STENOGRAPHER,
A
I have
Q
From
read
the
you
the
structure
of
A
I assume
Q
As
expressed
A
Its
intended
TELEPHONE
CENTRAL
8908
yes.
drawings
have
patent,
it;
and
description
opinion
an
reached
the
patent
you mean
its
in the
use?
as
and
to what
is?
useful
patent.
claims
purpose?
the
purpose
of
Livingston-cross
es
CTAGO
———:
Q
Yes.
A
Answering
in
the
light
of
this,
call,
designed
for
practice
of
marksmanship
ments,
and
Q
Is
the
things
there
any
function
FIRST
NATIONAL
BANK
BUILDING,
CHiEt
A
I do
scribes
of
not
its
that
disclosure
the
member
function,
its
@
Can
you
beam
of
light?
A
The
source
function
how
tell me
lights
the
same.
A
A beam.
by
the
military.
description
in
use
indicated
the
at
2
exact
try
in
the
patent
which
your
light.
a beam
the
weapon
operates
of
of
1 and
to answer
project
I re-
engage-
Figures
language
to
of energy
the
Does
as
2?
de-
question
to pro ject
this
|
of
@
was,
night
I will
is
weapon
for
for
or
find
but
a pulling
‘2 and
sort,
immediately
by saying
and
of
the
it direct
As
»-
is connected
trigger
effects
a
connection
or
a
a beam
of
light
recall
it,
the
the
sentence
light
19 and 18
to the leads
flash
to
tie lamp
of light?
is
steady
from
the
unlessthe
ALIGE
RANKIN,
M.
GourtT
STENOGRAPHER,
trigser
@
Will
begins
A
is
depressed.
you
please
in the middle
I read,
read
of line
patent
which
65 of page 1?
beginning with line 65 of page 1:
"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."
a
TELEPHONE
CENTRAL
8908
347
{
Livineston-cross
@
Does
that
indicate
A
To
my
mind
that
indicates
Would
you
care
to
express
an
opinion?
either,
I would
say,
from
Q
A
It
could be
&
What
are
the
A
They
are
leads,
Q@
Do
PIRST
NATIONAL
BANK
BUILDING,
CHICAGO
the
A
power
beam
18 and
that
a flash?
alone.
that
sentence.
19 of Figure
1?
that
the
purpose
leads.
you
is marksmanship
I said
or
neither,
understand
patent
I think
steady
elements
I correctly
Doucet
a
was
to say
of
practice
for
the
military?
recollection
of
its
stated
this
is
my
purpose.
@
Does
the
patent
A
Ido
not
understand
@
Is
the
of
A
is
a
teach
how
the
there
any
description
device,
how
it
purpose
import
of
in
patent
the
the
attained?
question. |
of
the
operation
is used?
Yes,
I think
short
description.
on page
1, beginning
with line
42,
there
ALIGE
M.
RANKIN,
Gourt
STENOGRAPHER,
@
l of
A
Please
the
read
the
sentence
the
patent:
which
begins
in line
42 of page
patent.
Reading
from
"Now according to this invention, the firearm, Which may be an effective weapon or a dumny,
is fitted with means for projecting a beam of
light
when
fired
and
ject or target, or
duced by such beam
determining
TELEPHONE
CENTRAL
8908
the
the
illumination
of the
ob-
the disk or spot light proaffords an adequate means for
accuracy
or otherwise
of the
aim."
348
Livineston-cross
Q
On the
have
just
how
the
basis
read,
of the
are
language
of that
you
able
to
form
an
marksman
checked
his
aim
or
knows
Having
taken
aim
ani pulled
sentence
opinion
which
as
you
to
just
wether
his
aim
trigger,
he
is
correct?
A
to
Yes.
tell
FirsT
NATIONAL
BANK
BUILDING,
CHICAGO
which
by the
relative
has
and
he
shot
Q@
You mean
A
His
positionof
the
he shoots
target,
if
light
his
aim
the
how
a flash
the
target
accurate
of light
is proper,
or
object
his
aim
at the
his
is able
at
was.
target?
light
will
be
il-
luminated.
And
it
is
with
his
eye
which
A
That
is my understanding
@
Is
the
there
A
Q
his
which
target
sees
he
guide?
of
any description
it;
in the
I do mt
recall
Now refer
to the Hoxie patent
understand
MR.
MR.
the
MR.
has
PARKER:
offered
TELESHONE
CENTRAL
$908
is
the
yes.
patent
of
the mature
of
target?
ALIGE
CourT
RANKIN,
M.
STENOGRAPHER,
of
of
illumination
the
Q
is
in evidence,
THREEDY:
offered
been
It
Yes,
one.
in
Mr.
which
I
evidence.
these
correct,
1,475,583,
No.
patents
have
all
been
Threedy?
I have
offered
them
for
the
convenience
Court.
PARKER:
Are
the
patents
given
individual
numbers?
349
Livingston-cross
Sees
MR.
THREEDY:
this
patent,
which
has
UILDING,
CHIGAGO
MR.
all
the
are
been
others,
Does
or
that
book,
of
has
which
PARKER:
you
Well,
language
enables
patent
as
the
referring
thereany
Which
which
on
to
patents,
contained
in the
book
seen,
include
not
opinion
an
to what
was
the
purpose
the
patent?
Yes,
title
the
the
form
in
every
patent,
you.
in
to
described
contains
Hoxie
Patent
No.
1,475,503,
this patent?
you
the
art
I have
book
served
with
Is
intended
bem
femiliar
Q
is
of prior
publications?
I guarantee
Yes.
A
with
in a book
offered.
patents
A
and
all
THREEDY:
notice
MR.
are
together
PARKER:
MR.
FIKST
NATIONAL
BANK
Bt
They
of
the
patent
patent
or
from
or use
is
a
any
an
inspection
of the
fair
indication
of
the
structure. sho
indication
of
its
use.
ALIGE
M.
RANKIN,
Gourt
STENOGRAPHER,
@
What
A
It
Q
Referring
of
is
was
its
use?
designed
to
as
this
a variable
Hoxie
patent,
current
does
generator.
A
indicate
a
source
light?
A
It
Q@
Does
A
Yes.
TELEPHONE
CENTRAL
8908
does.
10
indicate
a
lms?
350
:
ceeeainnenenss
Livineston-cross
@
What,
in your
cooperation
with
opinion,
the
source
is
the
of
light
purpose
Its
intended
purpose
was
that
from
the
source
into
form
suitable
rotating
disk
Q
What
A
The
FIRST
NATIONAL
BANK
BUILDING,
CHicAaGco
11 and
a
the
aperture
is the purpose
member
12,
as
of the
the
target.
the
purpose
of
concentrating
the
aperture
to
the
Q
Are
the
there
aim
A
of
any
a flash
Yes.
ent
The
That
means
shown
or
of
ray
A is
are
not
given,
the
light
may
the
and
disk,
mittent
Q
Is
of
or
there
any
I believe
Q
Is
the
for
light
the
12?
purpose,
light
aperture
behind
that
to
which
is
passes
a spread.
in Hoxie
aiming
for
say,
through
or
varying
in the
pat-
movable.
Circuit
con-
the
light
was
in my
opinion
whether
and
be moved
light
indicated
at
will
emitted
constant
that
showing
respective
to
may
be
inter-
of moving
the
light
desired.
any mention
means
A
indicate
as
upon
direction
preventing
the nature
of the
constant
for
is apparently
intermittent
that
the
schematically
light
in
light?
would
indieates
TELEPHONE
CENTRAL
$908
photocell,
10
concentrating
is a fixed
the
lens
17 therein.
a similar
which
ALIGE
M.
RANKIN,
Gourt
STENOGRAPHER,
or
serves
light
drawing.
nections
or
That
of
member
I recall,
the
A?
A
A
of
in the
patent
it
or
any
described
and
shown
moving
purpose
for
moving
A
it?
not.
lens
10
as movable?
351
Livineston-cross
oad
A
The
same
sense
and
I therefore
at
lens
10
that
liberty
is
A
shown,
is.
It
let
described
as
that
the
reader
the
or not
as
he
believe
it
Is
there
any
indication
| any
means
for
A
No.
moving
I would
schematically
not
move
VIKST
NATIONAL
BANK
BUILDING,
CHICAGO
say,
is
to
Q
me
in
of
in
fixed
or
patent
the
movable,
would
be
desired.
the
patent
patent
would
or
any
reason
or
suggest
that
both
it?
say
that
the
the lens A and the light 10 could be held mnstant,
that is,
immovable.
Q@
If
they
are
held
immovable
1,
will
they,
in
your
opinion,
by
the
structure
é
licht
described
in
the position
perform
and
the
lens
10
are
they
will.
shown
for
function
in Figure
demanded
shown?
If I understand you correctly,
A and
the
shown
held
you ask whether,
fixed,
they
will
if the
function
as
for
RANKIN,
COURT
STENOGRAPHER,
M.
requested?
Q
Certainly.
A
Yes,
Q
Are
A
No.
Q
Is
ALIGK
or
I believe
any
means
there
any
advantage
testified
A
TELEPHONE
CENTRAL
BOOB
No,
suggestion
of moving
moving
the
in
patent
the
any
one
of
The
fact
member
12?
of
any
purpose
the
members
you
have
that
they
just
about?
there
is not.
are
not
described
as
352
Livingston-cross
i
either
movable
or
may
used
desired,
be
held
A
leads
that
me
to
the
opinion
that
be
is
to
say,
they
may
suggestion
in
the
patent
they
moved
or
fixed.
Q
be
as
fixed,
But
you
find
no
moved
or
that
there
is
any
you
define
the
member
advantage
that
they
should
in moving
them?
supported
evidently,
No.
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
fat
&
How
do
A
The
member
it has
and
an
17 adjacent
11
apertured
its
outer
Has
it the
It
certainly
Has
re
bP
©2
©
No.
©
How
A
A
is a disk,
rotatably
disk
carrying
a plurality
of
apertures
periphery.
function
could
it,
as
shown
do
you
cefine
target
11?
of a
have
in
the
target?
the
function
patent,
the
of
a
target;
funetion
yes.
of a target?
aitarget?
may
be
said
to
sought
be
that
which
is
aimed
shown
in
the
of
other
at,
which
ALICE
M.
RANKIN,
GouRT
STENOGRAPHER,
is
shot
at,
which
is
to be
hit.
Q
Is
the
member
B a photoelectric
A
Yes.
Q
Hos
is
it
A
The
structural
cell?
mounted?
mounting
is
schematically
shown,
as
it
is positioned
behind
the
is not
are
some
rotating
the
disk
or
patent.
It
elements,
and
target
ll relative
353
f
| |
| 3908
TELEPHONE
CENTRAL
Livingston-cross
to
the
light
relative
to
Q
source
the
Assuming
position,
I believe
apertures
that
is
any
with
the
amplifier?
A
Yes,
it
is.
@
In
the
and
the
eéll,
do
A
No,
the
circuit
in
in
means
line
B is
cell
of
comnection
or
circuit
you
see
there
course,
the
cell
B?
the
celi
B?
connected
in
cir-
amplifie
the
between
contacts?
between
connections
Of
fixed.
moving
fmm
the
moving
for
patent
in fixed
or
of moving
the
any
positioned
kept
patent
that
say
to
correct
is
well.
the
the
cuit
them
12 are
in
Is
are
10 and
shown
@
lifier
as
advantage
Are
it
disk
any
@
it
the
stated
opinion,
No.
any
I
suggestion
A
FIRST
Nat
BANK
TONAL
BUILDING,
CHIGAGO
in
the members
thre
in your
patent,
A.
.and
cell
the
is no
reason
get
from
for
amp
the
applying
the showing.
ALIGE
M.
RANKIN,
Gourt
STENOGRAPHER,
G&
And
none
A
None
are
@
Is
there
are
shown.
any
purpose
the
cell
A
Such
contacts
for
them,
any
TELEPHONE
CENTRAL
3908
for
suggestion
and
fixed
any
B and
shown?
the
you
are
desire
contacts
moving
amplifier,
which
expedients
for
them,
can
they
if
may
patent
interposed
I judge
and
the
is
there
be
between
indicated
is any
readily
of
at
C.
need
applied,
354
| Livingston-cross
|
i|
but
they
are
not
shown
Q
Does
the
A
The
patent
--
«
The
patent
as
A
It
neither
patent
in
the
suggest
patent
any
or
called
reasons
why
for.
they
should
be
be
or
used?
it
stands.
suggests
reasons
why
they
should
used
FIRST
NATIONAL
BANK
BUILDING,
CHICAGO
not
used.
Then
say
you
would
that
on
silent
was
patent
A
I believe
it
is.
q&
Referring
to
the
MfeCullough
patent No. 561,124,
Ficure
1.
Am
I correct
in my
look
at
the
target
or
beam
of
A
That
¢
Am
gun
please
in
that
understanding
a flash
A does
not
emit
type
of
electric
light?
It
correct.
is
is
is
not
that
in understanding
I correct
patent
lough
the
shown
apparatus
point?
that
any
there
that
suggestion
of
nowhere
the
in
the
gun.
MeCul-
employment
of
shown
in
a
STENOGRAPHER,
RANKIN,
ALICE
M.
CourT
photoelectric
A
Thet
@
Or
A
That
raay
Do
is
cell?
correct.
amplifier?
is
correct.
the
you
see
in
Figure
1 or
as
shown
Exhibit
G, a traveling
TELEPHONE
CENTRAL
8908
in
McCullough
the
structure,
schematic
as
selection
of
Defendants
target?
bee,
=]
Livingeston-cross
CHICAGO
i,
THE
WITNESS:
Would
Figure
1 of
McCullough
but
other
figures
Q@
Will
you
FIRST
NATIONALA
BANK
BUILDING
Fisure
Q@
Wheat
target
26°
A
is
at
It
that
question,
was
read)
does
not
have
a
please?
traveling
target,
do.
please
7,
the
means
are
the
repeat
question
(The
A
you
point
member
out
figure
that
does?
26.
employed
clockwork
the
to
impart
mechanism
travel
to
the
traveling
indicated
in Figure
up?
7-A
25.
@
You
A
Yess
Q
What
A
I do not
it.
It
mean
mechanism
stops
is
the
recall
set
that
has
to
be
operation
of
the
moving
that
in motion
thereis
and
wund
anything
allowed
target
26?
provided
to
to move
stop
until
it runs
anything
done
down.
ALICE
M.
RANKIN,
Court
STENOGRAPHER,
-Q
Is
this
connection
A
No.
Q@
Is
motion
the
gun
A?
motion
in
any
with
this
in any
way
affected
by
way
affected
by the
cell
employed
in
number
of
in
hots
taken?
A
Wo.
- Q@
Is
TELEPHONE
CENTRAL
8908
any photoelectric
connection
with
thi
356
/|
Livingston-eross
CAGO
tarset?
A
None,
@
Is there
Which
can
A
Well,
Q
I would
FIRST
NATIONAL
BANK
BUILDING,
CHI
the
to
use
be
described
I don't
of
the
a
gun
as
mean
your
question
(The
second
the target
by a drop,
a member
And
Is there
anywhere
which
could
described
be
you
with
which,
structure
of
Mr.
26
Parker.
in response
this
kind,
to
drops
a hit.
Q
would
what
target
In
Yes,
arop?
drop
A
A
a
ina
WITNESS:
response
in connection
as
know
define
indicate
THE
any portion
accordance
be
with
again,
preceding
please.
question
was
your
definition,
I would
in
McCullough
patent
the
as
a
read)
say
an
element
target
drop
or
with
your
definition,
which
not.
drops
in
to a hit?
I think
in
several
accordance
drops.
For
instance,
in Figure
could
be
a drop
in
to
7-A,
there
just
re-
ALIGE
M. ;
RANKIN,
Gourt
STENOGRAPHER,
ferred
to,the
Q
Eow
does
A
The
member
@
Does
it
drop?
A
Yes,
it
does,
&
When
the
does
the
user
TELEPHONE
CENTRAL
8908
_
|
member
22
called
the
member
22
operate
in response
22
moves
to
indicate
a hit.
member
22
drops,
of
gun
aim?
the
where,
in order
that
sense.
a hit?
to make
it drop,
357
tivineston-cro
ss
A
He
aims
at
LDING,
GHICAGO
in
answering
tarsets
but
you
acters
FIRST
NATIONAL,
BANK
Bol
when
do
that
element
is
Simply
shoot
the
at
have
are
itself.
in
some
of
figures,
he
does
usual
target
The
reason
the
other
not
have
structure,
and
shooting
at
some
of
the
other
characters
which
Characters,such
as
22,
you
aim-at
animal.
A,
you
structure,
patent
itself
or
in
from
this
excerpt
G,
any
member
responsive
cates
the
number
of
A
A
Q
Please
point
A
Figure
1..
A
shot
—
TELEPHONE
CENTRAL
8908
shown
in
whereas
the
in Defendants!
number
Exhib-
of
shots,
whieh
indi-
the
part
register
counter
of the
patent
which
refers
to it
R is a shot
described
in
counter.
the
body
of the
patent,
think
it is.
It
is described,
for
instance,
on page
3,
38, and I think that is the same part I
yesterday.
Doest
number
‘A
as
the
char-
yes.
out
‘Gesinaied with line
Q
supperd,
at
specification?
I
read
the
it
or
aiming
shots?--
counter;
The
to
are
background
the McCullough
the
course,
target
gun
on
in
of
char-
the
his
Is there
Q
ts this
ALICE
M.
RANKIN,
Gourt
STENOGRAPHER,
animal
on
animal
shot
so-called
with
Q@
it
I hesitate
those
delineated
you
22
because
in MeCullough's
acters
when
the
of
You
this
shot
counter
operate
shots
which
should
be
mean
by its
in
any
way
to
limit
the
taken?
effect
physical/upon
the
gallery
arrangement?
|
=
IO
ae
|
Livingston-cross
CHIGAC
NG,
Q
Yes,
A
No,
Q
Is
it
shots
A
Yes,
fendants'
as
or
a I explained
that
such
a shot-limiting
of
the
register,
either
parts
of
that
G,
a part
the
circuit
you testified
that
De-
of
the
Doucet,
Hoxie
and
of
the
claims
relied
upon,
1, 2, 10 and
I do
not
know
whether
I usea
that
produces
Ie
M.
RANKIN,
Court
STENOGRAPHER,
a target
mechanism
having
corresponds
functionally
i the
gun
effect
of
shown
the
De-
the
constituted
combination
that
to
patents,
the
of
if desired.
parts
that
how
description
including
say
rather
in my
I correct,
pation
hits,
I believe
Q
McCullough
many
and
be made
Exhibit
how
taken?
is,
fendantst
shown.
to register
Exhibit
could
not
been
or other
did
ALIG
have
circuit
A
not,
does
it
FIRST
NATIONAL
BANK
BUILDE
Am
ee
it merely
many
means
ne
itself
a complete
exact
antici-
112
language,
but
by Defendants'
Exhibit
the
functional
--
matter
the
subject
of
I
G
which
claims
enumerated.
Q@
In your
in Defendants'
Exhibit
the
claims
have
A
Not
the
acca
TELEPHONE
CENTRAL
5908
you
in terms.
shot-limiting
a switch
|
opinion,
could
that
G support
combination
all
the
of elements
limitations
shown
of all
just mentioned?
I believe
switch
very
ee
does
was
simply
I pointed
lacking,
be supplied
eee
out,
and
instance,
I explained
without
a
for
any
how
tha
such
exercise
eee
359
TT
Sp
UULI™
GLUSS
aa
of
invention,
©
You
t
in my
ae
|
opinion,
pointed
Out,
11 may
in Defendants'
Exhinit
BUILDING,
KCHICAGC
G,
the
traveling
tareet?
A
The
member
Q
Is
the
A
Yes,
you
can
Q@
Then
two
targets
A
That
would
@®
Are
these
A
They cooperate
FIRST
NATIONAT,
BAN
erly upon
Q
menber
be
22
of
also
said
to
be atraveling
Defendants’
say
that
Exhibit
is
shown?
be
correct;
yes.
two
targets
indicated
the target
G a
target?
a tarcet.
are
in this sense,
target,
as
cooperating?
that
a hit registered prop-
11 will be indicatea
by the
target member
Would
it
No.
22
Deferdants'
A
Yes,
you
could
eall
Q
You
have
called
the
member
driving
motor
for
that
target?
this
Defedants'
Exhibit
in Hoxie,
like
most
of
the
pointed
out,
does
not
have
any
particu-
and
user
of
of
not
be more
proper
Exhibit
it
then
G is
to
a
say
Signal
that
thementer
means?
that.
11 a
traveling
target.
Where
ALICE
M.
RANKIN,
Gourt
STENOGRAPHER,
is
the
A
The
Q
Do
dishing
A
motor
you
of
the
lar
circuit
TELEPHONE
CENTRAL
8908
find
means
a circuit
No,the
public
16.
motor
elements
in
G@ for
estab-
for the motor?
16,
as
already
connections
is apparently
shown
the
at liberty
the patent
to connect
rest
andthe
the motor
and use
360
| _tvinsston-eross
Pag
é
a
the
=
elements
as
desired
Q
But
you
do
not
find
the
Defendants!
Where
any
means
for
establishing
a circuit
it
not
thought
x |
Z |
=|
<
z
A
<|
z
fact,
No,
was
or
as
in
they
are
not
change
from
the patent.
Do
find
any
necessary.
necessary
indicated
in
the
to
Exhibit
for
that
indicate
patent.
Ga any-
We
motor?
that.
did
In
wt
make
gt
=|
any
@
you
.Defendantst
=
A
<i].
=|
208
F
Q
_&
No,
limit
switch
in the
out,
I think,
that
there
I told
how
one
be
applied,
do
find
Exhibit
I pointed
switch.
Then
you
:
shot
establishing
7|
limit
Z|
A
No.
|
@
Do you find
=|
switch?
of
G?
not
.
=|
structure
,
a cireuit
might
in Defendants!
no
Exhibit
:
for the motor
was
which
shot-limit-
G.means
includes
for
a shot-~-
switch?
electrical
actuating means
no
I do
for
the shot-limit
do
not
find
an
which
must
be
succes-
<
A
There
Q
No
actuating
| actuating
o|
being
means
switch,
mcans.
for
the
Then
not.
I presume
shot-limit
switch
to
shot-limit
sively
operated
A
That
is
@
And you do not find a circuit
finally
you
open
the
switch?
correct.
oO!
0)
“|
<
for said electrical
actuat-
re
{| ing means
=O| |
controlled
by the
trigger
switch?
z ||
i
bb
7
361
|
Livingston-cross
SHICAGO
A
That
&
Now
referring
you
wish,
simply
what
function
is
correct.
to
the
Doucet
patent
the
parts
shown
in Defendants'
the
trigger
has
end
the
again,
and
trigger
using,
Exhibit
switch
if
6G,
of
Doucet?
NATIONAL
BANK
BUILDING,
€
A
As
shown
Q
Yes,
or
you
A
That
of
closing
a circuit
the
Doucet
patent
FIRST
in Defendantst
can
use
the
Exhibit
whole
G,
you
ask?
patent.
for
the
light
suggest
any
reason
anything
besides
source
2,
pri-
marily.
@
Does
&@ trigger
Hert
switch
which
flashes
A
No, I wuld
@
Is
lines
there,
in
from
the
say
not.
the
Doucet
18 and19 have
the
for
to perform
for
employing
controlling
the
gun?
patent,
any function
any
other
suggestion
than
that
to provide
the
energy
2?
bulb
ALICE
M.
RANKIN,
Goort
STENOGRAPHER,
A
They are
of supplying
power
obviously
power
and
to the
literally provided
light
source
2 and no
in the
Doucet
patent,
has
been
indicated
not
know,
for
instance,
what
been
intended
or
by the
Q
Am
in the
TELEPHONE
CENTRAL
8908
I correct
Doucet
desired
in stating,
patent
that
particular
for
the purpose’
source
so
of
that we
connections
do
may have
patentee,
then,
the lines
that
there
is no
18 ana 19 should
suggestion
be put
in
zo
Livineston-cross
Clreuit
with
shot-counting
means
ILDING,
CHICAGO
means
of
A
Yes,
that
is
correct.
Q@
You
said,
did
you
Doucet
aim
any
structure,
light
on
A
If
Doucet
not,
the
user
that
o7
function
Doucet
gun
the
or
not
target
not
shown
I understand
your
question,
some
results
in a
he
spotted
in
steady
beam
signal
of
the
gun,
in addition
result
of his
aim
is,
Q@
By moving
the
gun?
A
By moving
the
gun
Q
But you do not find any suggestion
tying
up
the
may
seeing
correct
it
his
to
is
the
the
light
what
the
his
flash
is that
operation
the
of
or
the
of
for
or
corrected
a beam
the patent;
rator
reason
means
in the
whether
gun
sounding
kind?
by seeing
FIRST
NATIONAL
BANK
Bu
or
of
eorrect?
of
the
and
the
ope-
instantaneous
aim if he desires?
controlled.
lines
18 and
in Doucet
19
to
any
of any
recording
mechanism?
ALICE
M.
RANKIN,
Gourt
STENOGRAPHER,
A
Having
left
there
is no
suggestion
except
generally
he has indicated
Q
to
Now referring
purpose
of Hoxie
was
A
That
is right.
Q@
Assume
that
TELEPHONE
CENTRAL
3908
in
conductors
as
the
to what
Hoxie
to provide
the
18 and 19 free, as he did,
use
of
they might be
a source
patent,
aonnected
to
of power.
you
a
variable
the
Hoxie
said
that
current
device
the
zenerator?
a steady
beam
Livingston-ere
of light
UILDING,
CHICAGO
passes
member
12
is
effect
the
gs
through
against
with
is aligned
of
the
rotation
of the
disk
interrupt
the
beam
light.
A
Ultimately,
an
Q@
Why
des
he
want
ean
tell
from
the
A
His
intention
give
him
the
the
the
which
What
is
Assume
light,
strikes
through
B,
Q
the
10 and
cell
To
Q
lens
the
A
FIRST
NATIONAL
BANK
B
the
result
of
that
operation
to
was
of
the
of
provide
variable
wave
form.
that
light
source
of following
interior
passes
portion
through
the
what
as
you
11?
amplifier
his
the
to
this
it,
interruption?
interrupt
language
instead
some
light
the
of
apertured
light,
patent
an
the
c.
so
itself?
apparetus
of Hoxie
dotted
which
would
is moved
line
of this disk,
apertured
far
so
there
that
shown,
so that none of
member
12.
Will
the
whether
or
not
device function for the expressed purpose?
A&A
If
I understand
your
question,
you
ask
ALIGE
M.
RANKIN,
Court
STENOGRAPHER,
light
@
from
No,
gun
the
a portion
falling
out
on
a portion
of alignment
with
between
the
two
apertures-
apertures,
I
misse