The talking machine world (Jan-Dec 1906)

28 THE TALKING MACHINE WORLD. FINAL DECREE IN PERLINER SUIT. Free Swinging Stylus Patent Claims Affirmed. The Berliner patent on the free-swinging stylus mechanism for the reproduction of sound in the manufacture of disc talking machine records and used generally, was affirmed Dy a unanimous decision of the United States Circuit Court of Appeals, New York, the opinion being filed March 2. This sustains the decree of Judge Hazel, in the lower court, and is a final adjudication of the case, with the Victor Talking Machine Co., Camden, N. .J., the owners, of the patent, coming off victorious. The complete text of the decision follows: "United States Circuit Court of Appeals, Second Circuit, before Lacombe, Townsend and Coxe, Circuit Judges. Victor Talking Machine Co. and another, complainants, appellees, against American Graphophone Co., defendant, appellant. This cause comes here upon appeal from a decree of the Circuit Court, Southern District of New York, sustaining the validity (and finding infringement ) of United States letters patent .534,543 granted February 19, 1895, to Emile Berliner for the 'Gramophone.' "Per Curiam. — In affirming this decree we do not find it necessary to add anything to the careful and exhaustive discussion of the issues which will be found in Judge Hazel's opinion, with one single exception. In disposing of the defense of prior public use based upon the lecture and exhibition before the Franklin Institute, the Circuit Court apparently relied mainly upon the proposition that what took place there was not a public use, but rather an experimental one. Without discussing the questions thus raised or expressing any definite opinion either way, we prefer to dispose of the alleged prior public use by means of the application of Berliner, which was filed six months prior to the Franklin Institute lecture, and which eventuated in patent 564,586, issued subsequent to the patent in suit. The specifications in that application (for 564,586) were full enough to warrant the making of the claims here in controversy ( 5 and 35 ) ; at any time the application might have been amended by adding such claims, and in our opinion it is immaterial that instead of thus amending it, he took the broader claims on another application filed while the first was pending. The second may fairly be considered a continuation of the first, and thus Berliner's application antedates the public use, and the facts will not sustain the contention that he abandoned his invention here in suit. The decree is affirmed." The case was argued January 17 by Horace Pettit, Philadelphia, for the Victor Co., and by Philip Mauro for the American Graphophone Co. VICTOE TALKING MACHINE t'O. TO ENFOKl'E RIGHTS. March 6 the Victor Talking Machine Co. notified the trade as follows: "As the decision of this court is final, we expect to at once proceed to enforce our rights by preliminary injunction against all infringers, including all manufactur ers of infringing machines and records, who have not take na license from us, and dealers in such infringing goods. We would call attention to the fact that the American Graphophone Co. have already taken a license, as also the Universal Talking Machine Manufacturing Co." BIG ORDERS AND DEPLETED STOCKS Is the Rule With the Dealers of Wheeling, W. Va. — Bard Bros. May be Compelled to Secure Larger Quarters. (Special to the Talking Machine \YorId.) Wheeling, W. Va., March 10, 1906. Possibly there are some dealers who cannot understand the stories handed out by the various talking machine manufacturers relative to the great volume of unfilled orders they have on file — not so with the dealers in this city. Each one visited had a most interesting tale to tell of unfilled orders and depleted stocks. Business is great — great when volume and receipts are considered, but the thought of the dollars lost through Jack of goods will be an everpresent source of worry for the thought of "what might have been." When your correspondent called on F. W. Baumer & Co., their talking machine force was seriously considering the rearrangement of their department, so as to be able to increase their stock of records. Their growing trade for Edison goods makes this necessary. The C. A. House talking machine department report big sales and lots of them. Their Victor business has been especially brisk during the past month. Bard Bros.' exclusive talking machine store is proving to be a favorite meeting place for musicloving people. During the past week they have doubled their shelf capacity for cylinder records. Now have sutficient room to carry a stock of 10,000. They say that September 1 will find them installed in quarters several times larger than those occupied at present. Their disc department is doing a particularly good business in the higher priced outfits. Hoehl & Giessler Piano Co. are pushing their talking machine business to the front. They are installing the tray system for their Edison record stock, and will carry the complete American list. The newspaper premium business is booming. This canvass will in all probability make 2,000 new users. The talking machine department of the two big instalment houses. The Palace Furniture Co. and House & Herrmann, report excellent business during the past month. The Edisonia Co., of Newark. N. J., have just been allowed twentj^-four claims on their new home repeating attachment (recently patented) for standard and home phonographs, and a new application has been made for some further improvements all of which are embodied in the repeater which they are now putting forth. Dealers will be glad to know that this company are now making shipments of the "S" repeaters and will start to make shipments of the "Home" on March 22. In a chat recently with the Edisonia Co. they stated that they feel grateful -for having received such splendid response to their advertisement in The W^orld regarding their repeaters as well as for the patience of those who have placed orders with them, and who have been somewhat delayed in having them filled. HANDSOME DISC RECORD CABINET. The above is a sample of one of the Douglas Phonograph Co.'s (New York) new line of disc record cabinets with machine combined. The superb design and finish of this elegant piece of furniture places it in a class by itself, the panels following the Louis XVI. school of decoration. The company are undoubtedly leaders in these goods, as they show more and handsomer styles than any other jobbing house in the country. The second meeting of the Phono Club, Thursday evening of last week, wound up with a dinner at Moquin's restaurant on Sixth avenue, New York. Among those present were C. V. Henkel, president, and John Kaiser, with the Douglas Phonograph Co.; Victor H. Rapke; R. B. Caldwell, with the Blackman Talking Machine Co., and Fritz H. Grawert-Zellin, an inventor of a sound-box. The Santa Fe Watch Co., Topeka, Kan., and the Clinton Music Co.. Toledo, O., have added the Zonophone line. At the meeting of jobbers in Pittsburg, Pa., yesterday (14th), about 25 or 30 of the leading concerns of the Middle West were present. STANDARD METAL MEG. CO. Phonograph Horns and Supplies MANUFACTURERS OF Our Horns, as our name impIieF, are "Standard" in every respect. We make all the different styles and sizes in any metals or colors, iccluding Ihe new Morning Glory Horn, which is cut on a new plan to distribute sound more evenly. FACTORY: Jefferson, Cliestnut and Malvern Streets, NEWARK, N. J. NEW YORK OFFICE AND SAMPLE ROOM: 10 WARREN STREET