Sherman-Clay & Co. v. Searchlight Horn Co.
Court of Appeals for the Ninth Circuit
. In Error to the District Court of the United States for the Second Division of the Northern District of California; William' C. Van Fleet, Judge. Action by the Searchlight Horn Company against Sherman-Clay & Co., a corporation, for infringement of letters patent No. 771,441, for a horn for phonographs or similar machines granted to Peter C. Nielsen October 4, 1904. Judgment for plaintiff, and defendant brings error.
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. In Error to the District Court of the United States for the Second Division of the Northern District of California; William' C. Van Fleet, Judge. Action by the Searchlight Horn Company against Sherman-Clay & Co., a corporation, for infringement of letters patent No. 771,441, for a horn for phonographs or similar machines granted to Peter C. Nielsen October 4, 1904. Judgment for plaintiff, and defendant brings error. On April 14, 1904, one Peter C. Nielsen, a resident of Greenport, in the county of Kings, state of New York, filed in the United States Patent Office his application for a…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). 1. The first question to be determined is the scope of the invention involv*90ed in this case. In the application of Nielsen for a patent he set forth that he had invented certain new and useful improvements in horns for phonographs or similar machines, and that the object of his invention was to—
“do away with the mechanical, vibratory, and metallic sound usually produced in the operation of such machines, and also produce a full, even, and continuous volume of sound in which the articulation is clear, full, and distinct”
He described his improvement in the…
2Cases cited6 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Keystone Bridge Co. v. Phoenix Iron Co.Supreme Court of the United States · 1877
- McCarty v. Lehigh Valley RailroadSupreme Court of the United States · 1895
- Morton v. LlewellynCourt of Appeals for the Ninth Circuit · 1908
- Noojin v. United StatesCourt of Appeals for the Fifth Circuit · 1908
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3Cited by5 opinions
- Columbia Graphophone Co. v. Searchlight Horn Co.Court of Appeals for the Ninth Circuit · 1916
- Searchlight Horn Co. v. Victor Talking Mach. Co.District Court, D. New Jersey · 1919
- Claude Neon Electrical Products, Inc. v. Brilliant Tube Sign Co.District Court, W.D. Washington · 1930
- Pacific Phonograph Co. v. Searchlight Horn Co.Court of Appeals for the Ninth Circuit · 1914
- Sparks-Withington Co. v. E. A. Laboratories, Inc.District Court, E.D. New York · 1924