Victor Talking Mach. Co. v. Carl Lindstrom Co.

BEARNED HAND, District Judge.

The issues in this case are three: Infringement, novelty, and utility. As to the first, there is no dispute as far as Heinemann is concerned. The machine infringes claims 2, 9, 17, 26, 40, 41, and 42 of patent No. 814,786, and 8 and 14 of patent No. 814,848, which are the only claims here in issue, and the real contest in 'the case is as to the novelty of these claims. They all depend upon whether it was invention to substitute, for a sound carrier to a straight horn, a bent horn beginning directly at the sound box.

Previously there had been two types of horn:…