The talking machine world (Jan-June 1922)

February 15, 1922 THE TALKING MACHINE WORLD 135 Don't let St. Patrick's Day pass without some special selling idea —Columbia Gitt Envelopes, for instance. Appropriately designed lor St. Patrick's Day. Ask your dealer service man. Columbia Graphophone Co. NEW YORK BROWNING GETS "DOOR" PATENT AFTER FOURTEEN YEARS VICTOR SUES ON BROWNING PATENT U. S. Letters Patent Granted to J. B. Browning on Invention Covering Adjustable Doors Mounted at Delivery End of Amplifier — Application for Patent Pending Since 1908 — Important Claim Allowed John Bailey Browning, Camden, N. J., has just been granted a very important patent which covers "adjustable doors mounted at the delivery end of the amplifier or inclosed horn of a talking machine." The application for this patent was filed in 1908, and it has been in litigation since that time. This patent, which is known as U. S. Letters Patent No. 1,402,738, was issued to Mr. Browning on January 10, 1922, and to the Brunswick-Balke-Collender Co. as assignee to the extent of 51 per cent of the invention. The issue in this patent is claim No. 1, which reads as follows: "The combination with soundreproducing means, of a co-operating amplifier, a cabinet enclosing the major portion of said amplifier and provided with an opening of substantially the same size as the delivery end of said amplifier, and means to vary the quality of the reproduction at will on either side of said cabinet." This claim is identical with claim No. 19 Record Dealers and Shippers Send For Your Sample Today — RECO-RAPS— A Transportation Package for Graphophone Records c a VFS Far more than their Cost h^*» ™ s^1^ in Postage and Insurance Prevents Breakage mask DESCRIPTION 7 — Tojp &Boi 'torn Binr* *Z4t% 6-Corru gated fillers *38<5—Jieccr^s. * 3 Cesiier-Pcstm l/so. *9 Jieco-JSsp Co/n/i/efe. *IO Center-Pc3t 2>efcre\faed. Packages For Any Size Records Metal Posts For Any Size Shipments Write Us for Particulars and Samples THE RECO-RAP CO., Inc. 104 North 12th St. St. Louis, Mo. of the patent issued January 11, 1910, to Eldridge R. Johnson, president of the Victor Talking Machine .Co., and assigned to the Victor Talking Machine Co.. this patent being known as U. S. Letters Patent No. 946,442. During the fourteen years the Browning patent application was pending in the Patent Office Mr. Browning was continually delayed in his efforts to secure a patent for his invention by numerous interferences involved in his application, and in these interferences Mr. Browning has been the successful party. The principal litigation in the patent courts was known as the Browning vs. Johnson interference, being based on claim No. 19 of the Johnson patent and claim No. 1 of the Browning application mentioned above. This interference was declared in 1915, and as Mr. Browning was at the end of his resources at that time he went to the Brunswick-Balke-Collender Co. as a last resort and told his story. This company, after investigating Mr. Browning's story, agreed to carry on the litigation in which he was involved and acquired a controlling interest in his invention. The Browning vs. Johnson interference was first argued in the Patent Office before the Examiner of Interferences in September, 1918, who decided in Mr. Browning's favor three months later, holding that Mr. Browning was the inventor. The Examiner, however, recommended to the Commissioner of Patents that no patent be granted to Browning because of his delay in claiming that Johnson had derived his invention. Mr. Johnson appealed from the Examiner's award of priority to Browning to the Board of Examiners-in-Chief, the second highest tribunal of the Patent Office. This appeal was argued in April, 1919, and decided in Mr. Johnson's favor six months later. Thereupon Mr. Browning appealed to the Commissioner of Patents, the highest Patent Office tribunal, who in April, 1920, in an opinion of nearly fifty pages, sustained the Board and decided for Mr. Johnson. Mr. Browning next appealed to the Court of Appeals of the District^ of Columbia, in July, 1920, which court in April, 1921, reversed the decision of the Commissioner and awarded the invention to Browning, holding that the evidence showed that Johnson had derived the invention from Mr. Browning, who was entitled to his patent. U. S. Letters Patent No. 1,402,738 just issued to Mr. Browning covers the claim that has been in litigation the past fourteen years, and places him in a position to realize on his invention. Victor Co. Brings Action in U. S. District Court in Delaware Asking That Claim One of Patent Recently Issued Be Declared Inoperative and Invalid Throughout the United States The Victor Talking Machine Co. on February 6 made the following announcement regarding legal action brought in connection with the recently issued Browning patent, No. 1,402,738: "On February 1, 1922, the Victor Talking Machine Co. filed its bill of complaint in the United States District Court at Wilmington, Del., against the Brunswick-Balke-Collender Co. and John Bailey Browning, based on Johnson Patent No. 946,442, and praying that Claim One of the Brown Patent, No. 1,402,738, be adjudged void, inoperative and invalid throughout the whole of the United States. This Browning patent was issued on January 10, 1922, following the interference in the Patent Office between Browning and Johnson. The issue of this Browning patent has for the first time made it possible for the Victor Co. to bring the controversy into a court in which a judgment binding on the parties may be had." HIMMELREICH ON OKEH RECORDS Well-known Pianist Makes Several Okeh Records— Artist Is Prominent on Concert Stage The General Phonograph Corp., New York, manufacturer of Okeh records, is acquiring a very fine list of artists who are international!}' prominent, and who are making records of the leading standard and classic numbers. One of the most recent additions to this list is the wellknown pianist, Ferdinand Himmelreich, who has attained wide renown on the concert stage. Mr. Himmelreich, in addition to his skill as a pianist, has won recognition as a transcriptionist. His compositions show marked creative ability and he excels in the style of music that demands force and brilliancy. Four selections have been played by Mr. Himmelreich for the Okeh library, and among these are his transcription of "Suwanee River," "The Lure of Spring," "Silver Threads Among the Gold" and the "Sextet" from "Lucia." All of these selections are now being released, and Okeh dealers have evinced keen interest in Mr. Himmelreich's addition to the Okeh library. The Elm City Phonograph Repair Shop was recently opened in New Haven, Conn., by C. L. Chadwick, an expert talking machine repair man. Mr. Chadwick is also in the market for cabinet makers' supplies. GOOD COTTON FLOCKS Are UNIFORMLY CUT Not MERELY GROUND HAVE YOU TRIED OURS? WRITE FOR TRIAL SAMPLES— SUPPLIED WITHOUT CHARGE CLAREMONT WASTE MFG. CO. CLAREMONT, N. H.