The phonoscope (Nov 1896-Dec 1899)

8 THE PHONOSCOPE November, 1898 plainant's contention in bis present motion. It is this : that no decision which has ever been rendered by any Court, sustaining the Bell & Tainter patent in suit, has gone beyond the specific wax-like material with an engraved record having sloping walls and having the record in the undulating bottom of the groove. In none of the adjudicated cases did any of the defendants use anything but such a wax-like record in which grooves, of the specified shape, were cut or engraved. Therefore, in none of the adjudicated cases was it necessary to decide more than the novelty of this one feature, and if more had been decided it would have been a mere obiter. But the fact is, and it will abundantly appear hereafter, that the Courts, in the adjudicated cases, did not attempt to go beyond the wax -like record with the engraved groove of the specified s:iape. This element, either by itself or in combination with another element, has been the basis of every decision sustaining the patent. No adjudicated, case holds a device which does not employ such wax-like record as an infringement. We deem it unnecessary to repeat this matter again and again throughout the course of this brief, but insist here that this alone disposes of the present motion adversely to complainants, for the defendants employ neither a wax -like record nor has their record engraved grooves nor grooves of the shape of those used by complainant. Now, with a wax record having a groove of the shape shown in the Chapman photograph, and, be it always remembered, with a sound record at the very bottom of the groove, it would manifestly be a very difficult thing to construct a machine carrying the diaphragm and stylus in a rigid and unyielding manner in which the construction should be so exact that the stylus would always rest at the bottom of this very broad and very shallow groove. Bell and Tainter, therefore, conceived of a simple method of overcoming the difficulty, which consists, in effect, in giving a very small amount of lateral play to the mounting for the diaphragm, so that when the stylus is placed within the purview of the record groove, whether near the top or near the bottom of the side wall, then by the simple process of tapping the wax cylinder, or by the jar incident to the motion of the cylinder, the stylus will of itself gravitate to the bottom of this groove. This method of mounting the stylus, embodying a trifling amount of lost motion in a lateral direction, has besides the advantage that if the stylus, when placed upon the wax cylinder, should happen to rest on the ridge between two adjacent grooves, that then the same process of tapping the cylinder will cause the stylus to slide down into one or other of the two adjacent grooves. As the Graphophone wax cylinder in ordinary practice has about one hundred helical turns of the record groove to the inch, it will be seen, in order that the stylus may be able to effect the function which we have just described, of automatically gravitating to the bottom of a preselected groove, when the stylus is resting on the side walls of the groove, or of falling into one of two adjacent grooves, when the stylus is placed on the ridge between the grooves, that the amount of necessary lateral play is exceedingly slight, being at most one hundredth of an inch, though in the commercial construction it may be a trifle more than this. In the Patent No. 341.214 it is shown as effected by a small bit of rubber tnbing, numbered 32, and well shown in Fig. 8. That we have correctly stated the functions of this lateral adjustment of the mounting for the stvlus appears on page 4 of the patent in suit, from which we quote as follows : "No special care is necessary to insure its adjustment [meaning the reproducer], for, if the reproducer K be allowed to rest against the record with the style upon the engraved line, the style will of itself gravitate to the bottom of the groove." Or again, from the same page : "Difficulties on these accounts are avoided by the loose or flexible mounting of the reproducer, the style automatically adjusting itself to the proper place on the record." The truth of the facts relating to the lateral adjustment more fully appears from the testimony of Mr. Charles S. Tainter in the Leeds case, who testifies that he was the Sumner Tainter who is one of the grantees of the patent in suit. In answer to question 7 of his direct examination, and in answer to questions 24, 25, 26 and 27 of his cross-examination, this patentee fully goes into this matter. While we consider it desirable that all of these questions and cross-questions be considered, we limit ourselves to a quotation of Mr. Tainter's answer to question No. 7 as follows : Continued in our next Bnswers to Corresponbence All questions pertaining to Talking Machines, PictureProjecting Inventions, Automatic Coin-in-Slot devices, Amusement Inventions, etc., will be cheerfully and fully answered in this column. Inquiries for this department should be addressed, Information Department, The Phonoscope, 4 East Fourteenth Street, New York, U. S. A. J* J* J* J* J* "J. \V. G.," Youngstown, O. \y [In response to your inquiry for additional information with a view to overcoming any possible danger in using the Vitascope, such information is herewith appended : A few simple rules rigidly adhered to and the necessary amount of care and intelligence on the part of the operator will prevent all accidental fires. The operator should thoroughly understand all the mechanism, know just where the possible danger is, and be ever ready to remove or prevent it quicklv. No bov without any sense of responsibility, no drunkard, or one addicted to over-indulgence in strong drink, and no careless lout, with no aim or purpose other than to do as little as possible during his waking hours, should be placed in charge of this apparatus. While the very highest order of intelligence may not be necessary in the operators, they should belong to a class above the ordinary ; this is absolutely necessary where so much depends on their individual care and effort. If an arc lamp is used, it should be inclosed in a metal or metal-lined box (as a matter of fact this is done in all first-class machines). If it is in an open room, a large metal pan containing sand should be placed under it. The frame for the lens should be of metal. A shutter should be provided between lens and film, cutting off light from the frame when its movement is interrupted by accident or otherwise ; it should close automatically and be held open by the foot of the operator when the film is in motion, or a glass vessel filled with a solution of alum water should be placed between the lens and the film. This last precaution should be taken in all cases where films less than the standard width are used. Films should be wound and unwound on metal reels, which should be kept in metal cases. Films not in use should be kept in metal boxes provided with self-closing covers kept securely closed, except when it is necessary to remove or replace these films. The lamps, reels, films, belts and pulleys should be contained in a cabinet of metal, or wood metal lined, the working side to have a door that could instantly shut in case of accident. The motor, controlling rheostat, switch and fuse-block, should be outside the cabinet. The resistance coils should be largely in excess of the current capacity of the motor, so as to prevent excessive heating and the electric wiring and fixtures should be done in accordance with the "National Code." The electric light is preferable to calcium, acetylene, or gas light, for the former requires neither match nor flame to light it.] Phonoscope Publishing Co. September issue of The Phonoscope just received, and as usual its contents are most interesting. We would however like to make one or two suggestions for what seems to us would add to the value of this journal. The Exhibitor's Director}-— might not this with advantage include also Agents or Dealers, for instance we are not exhibitors but dealers, and would like to avail ourselves of your offer of the one-half inch (or inch 1 space, asking for offers of anything new in 'Phones or 'Scopes. If you are willing to extend this directory to agents and dealers please say what we are to add to the §5 for extra postage to England and the price of double space, and also say when our present subscription terminates. I believe on a previous occasion we made a suggestion asking you to publish a monthly resume of all patents taken out in the United States, or better if including European countries also, relative to the recording and reproduction of sound and sight ; it seems to us that such a list could be easily arranged and prove of immense interest and value to the trade. Regarding S. M. Prescott's letter addressed from Edinburgh, N. B. He is perfectly right in the conclusion he has arrived at respecting the result on the English phonograph business of the "Dog in the Manger" policy of the Edison Bell people ; it has been suicidal to their own, the English public and our — dealers — interests. However, there is some satisfaction to those whom they have injured by such folly, that they in the past have received their just reward, in absence of dividend, and now the Gramophone seems to be giving them the Coup de Grace. I should think there are more Gramophones sold in England at the present time in one day than Phonographs in three months. However, this will soon all be altered as the wax cylinder patents have only about a year or so to run. Wishing your publication an abundant success and hoping that you may soon be compelled to issue weekly, we are, Yours truly, J. N., Putney, London, Eng. [1. — An\ exhibitor, agent or dealer can avail themselves of the opportunity of advertising in our "Exhibitors' Director}-" providing they pay the regular rate in advance, viz; >5-oo for one-half inch space and £9.00 for one inch space per year, which includes one year's subscription to this journal; foreign advertisers must add fifty cents for extra postage. 2 — Your subscription expires with December issue. 3. — Suggestion gratefully received, which will be acted upon in the near future.] "E. E.," Kansas City, Mo. [We do not recommend any individual or firm as making "the best" original records but will refer you to any of our advertisers, all of whom can be relied upon.] Hmerican IRovelties. Foreigners who are in the Market for 'Graphs, Thones, 'Scopes and novelties. Descriptive Circulars and Quotations, if sent to the following, may bring some customers BICYCLES AND SUNDRIES. Venezuela Becker, Brun & Co., Sur 2, 26 Caracas. A. Mufios & Co. , Este 2, 15 Caracas. A. Santana, Este 4, 6 Caracas. Santana & Co. , Avenida Sur 31. Kolster, Roemer & Co., Puerto Cabello. Mestern & Co., Puerto Cabello. Seidel & Co., Puerto Cabello. F. Brendel it Co. , Valencia. H. Gonzales & Co., Valencia. Mesterns & Co.. Valencia. Seidel & Co., Valencia. Dominici & Hijos, Bolivar 24, Barcelona. I. Valencia & Co., Juncal 32, Barcelona. CLOCKS, WATCHES AND JEWELRY. Ernesto Huth. Ciudad de Bolivar. Jose Ramon Perez, Ciudad Bolivar. Antonio Von Buren, Ciudad de Bolivar. Felipe Henriquez, La Guaira. Alberto Raimond, La Guaira. Antonio Lavtigue, Constitucion, Valencia. J. Moser, Constitucion 85, Valencia. Federico Stuve, Meicado. Valencia. Gatkmann, Hevmanos, Bolsa a Mercaderes, No. 36 Caracas. J. G. Amme & Co., S. 4, N. 48, Caracas. Adolfo Bottger & Co., S. 4, N. 46, Caracas. Antonio Cachazo hizo & Co., S. 4, Caracas. A Luisi ifr Co., Av. S. N. 15, Caracas. George Newton, Av. N, N. 27, Caracas. S. Picard & Co.. Sues., S. 4, No. 44, Caracas. Antonio de Rosa, S. 4, N. 58. Caracas. Jose VeDtura y Macia, S. 2, N. 17, Caracas. Pedro Vilardebo, S. 2, Caracas. ELECTRICAL GOODS. Olivella & Fabregat. Sur 4. No. 61, Caracas. Venezuela Telephone & Electrical Appliances Co., Caracas. American Electric & Manufacturing Co., Caracas. Caracas, Valencia & Interior Telephone Line. Caracas. Carlos G. Palacios, S. 6, Caracas. Compafiia del Gas y de luz electrica, O. 14, Caracas. Jaime F. Carrillo. Caracas. Prospero Suarez, N. 12. N. 25, Caracas. MUSICAL INSTRUMENTS. G. Valentiner & Co.. Caracas. Brauo & Co., Caracas. Santaua & Co., Av. S, N. 31, Caracas.