Victor Talking Mach. Co. v. Hawthorne & Sheble Mfg. Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. Suit for infringement of letters patent No. 832,896, for an amplifying horn for talking machines, granted to Wilburn N. Den-nison, October 9, 1906. On demurrer to bill.
1Opinion of the Court
J. B. McPHERSON,
District Judge. It is true that the improvement covered by the patent in suit (No. 832,896) is prima facie novel. The grant of letters carries with it such a presumption; but the presumption must give way if the court is clearly convinced, from examining the improvement, that the element of invention does not appear. In my opinion, such a situation is presented, as it seems to me no invention is disclosed by the device in question. What the patentee did was simply to take the old amplifying horn of a talking machine, cut it in two for reasons of convenience, and provide…
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