178. SUPREME, COURT REPORTER. 2s UL 8.) DorBeAR ef al. 0, AntenicaN Bett Tet. Co.) Mozecutan Tex. Co. et al. v. Sue! Aurnican Bett Te. Co, et al. 0, MourcvLar TEL. Co. ef al.3 Cuay Commencian ‘Tex. Co. et al. 0, AMERICAN Bent Tet. Co. ef al. ‘Peorux’s Tex. Co. et al. 0. SAME. OVERLAND THL. Co. e? al. >. Same, (Maret 19, 1888.) ree eee remeeeeert cee Auer lat emanoy Pernt: SEIS THE Uta USE eno 14 oalnander ran era Macher rat ear let 44 wo toate aha Pee em EDN acted Paeete D a a sect iegteaacam ie rat feted hs cee nan se gprerucg aga anaes ono ie often tet aerate eed gegeiuneinpe cone oa gare ertegt etal ons te eto aeurmr near tae de Shs GUAM Seema darat aa orate esto be eas lags, teaz angina wat ember feats eile ede ond ee lea anaes at, fart al cree ea fang SU aan avenue ered igcatnair tere Gea ate Fae ee ae ate a alent taanad ay tau aa oa Tee i ead Peron ctiarea et Fe eo ee Nae SOR no ue nis coposiahone pgueremeny euch Panel natch Deco e spoken words so that they could be clearly understood, does not invalidate this pat sei ray tel ny cu Sg anderen, re er ae a Se ret ei buen af eee nc hee ee Si ee See ad Soe ml peer eteattn, See ce penta ha ess eee case oe eee Fee a Or So alexander Graham ai east ge ie a alee gran al ior eeprevmpents a ganiy i flowy Seema each eis gaa ga Sta tea, ote toate! eg ina aia ais Are be craieanes eae srl te nd esl ea, seed a once ea Eo slate oes i to rnc as anna ase see ony ecratge ct emactean ter tae rasa i ot anne oa ton ae onan mene see tect ota retleh rt and weaed a carers eee eee eae arate nici eee een ee Be EE a a ane eae A SA cones cet eas ory Sees say conus tae vlan eran Pa? ae tue ea Srrspcealg ie anes enya coated aaa aca see tcaar nal cate neces ge es HE ig eal etn sranie erence neni, eeceanraee ecole ieee iment tose Re ee ee Se a a OF ate psn of unl sree eg ar ane ey ie roe en en Sak ei ere cl tt a wets atedceason ade a oe rg a of odie canal tadiepreaan or ‘ul fi entation i agsgnod Sack dle au the eked ate ern Ea Teer etre Hades Sa featrefe ar treebortor ic guntertdy secisemauc™™= SR Bees Besta, Gg teBT of HLM che Tet anor wee Ceara ep Reet galiprmeyttaetnd ea a *Aameming 19 Fed. Rep. 448, and 17 Fed. Rep. 604, ‘Afirming 92 Fed. Rep. 218 ‘Reversing 22 Fed, Rep. 216. ‘Asiroing 2 Fed. Rep. Mand 25 Fed. Rep. 25. See, also, $1 Fed. Rep. * fot sonore the proceodings by the United States to set the Bell paten aide, seo so eds ep. 17, and 88 Bod. Rep. 01.DOLBRAR t. AMERICAN BELL TEL. 00. 779 ‘Held, that the Bitty cian, sot out above, ving, First, for the process, and, sean, {or the apparatus, tt was not ta be conilied to the magucto instrument, and suck ‘odes of dealing’ slosricl undotations aa coud be produced by that fot of appa {auis; yor that fe ineluded both the magasio and vanable resistance methods; sod ‘he particolar magneto apparatus described, o its equivalest 6 SeyeAsmicinmion— RoW ARTARATOR trated by n the apporatasiuadeby Baisof Gurmany, (who washimeel anticipated by Bour- seul, tn 180, withita several modifications 45 Gescrbed ia his prospectasot 1, and A cthioguot itt wd also by Cagt, Van dor Waydo, Ferguson, nd other an intermittent orpulantonycarrent of cleticity was employed; the eeauaitian, wher etueted by the sound waves, waking and brescing tas creat af each Vibration, ‘feud, thatthe apparatus wa, frou is very uature unable Yo send snd receive a culate speech, and that Yt was not an anticipation of letters patent No. 174,405 of March 7/Tei0, to Alexander Graham Bell for “improvements in tlograpby.” he essential clements of which are the employment of the undulatory, as contradls- tinguished from the pulsatory, eurrent dy elacticey, to transit Sad copy ale vi- bration corresponding exasty sn smplicude, rate, 88 forms 0 howe poogoced By the buman voice, and the apparatus terefor. 4. Sue SleDoxougn“Cneuty Bean” onouges . Nor Has the Bel patent anticipated by James W., McDonough; bis application o April 10 1st, fora patents whign wae Agatly refuse, ou the Grou of anticlpe, fon by Reis, aldag m “clrout breaior 6 djuated an to “oneak te connestlon Ey tad vibrations of th membrane," ond of the elements of his inventions 8 Scig—Vanuer's Exotisn Parte ‘Nor ls anticipation to bo found Ta the patents of Cromua Floctivood Varley, of Landon, Engiand,~sgranted one, Jone 2.16000 fhe other, Oeter 8, Oe or Hitprofemeats la Aeatrc\siegeaphs;" the specinertions there not indicating thar the patentee had in mind “undulaliousy” faulting Sito Gradual changes at intensity exeotiy analogous to the changes in thodeuslyofarr Scasond bya epdusue vrai heros Bal dacoverysand on whieh hsere eg and Woetoe apparent tet Varies ony purpose was to syperpose upoo the ordinary Signal current another whieh bythe action ofthe make et bret priasiploot tie ‘eKegeaph, wuld do tho wose he wanted 8. Sixb-Dnavaavon’s Exremasts-“Asaxnoxwexe. 5 support of th late of Daniel Drawoangh tet he “was the original and frst Ipventa and discoverer of the att of commuting articulate ofeuch betwee a2stant places ‘by voltaic aod magncto electricity," wasn evitesce that be nd fcver td ang” da0°how carer Sustrumeats with which fo sxpersnentea were fade, or what his procos ran, cunti no was caled a a witass tt Becauor, 1 inthe caco of Amarioan Bell‘ Co, Peoples Pe Co. ‘his wasseat tien Years, afr ho hat begun his experivontrasatiy sovea after he had aden Usea"sperfocty adjusted andéuedmaguelo iatronionsy* and more tas ies After sleropnoner as good, or nearly at pool as thove of Bake whieh wore not {ereniod eo 1, Naf ea contri, hn aps a sop, wap avo near Six yenrs attr the Gate of Bell's patent, (tarck 7 616) msc than hve stor the Began doen 'na tote prolamed al tne Contant Haponton tn iladeiphe, four after hin procens Bat gor ito publo use, thre alee ‘gome an’ established success, and tro after Bell bad brought his firs suit for ta- Fegoment. Inthe meen tne, ho fscovery of Bel al boca hureldedtotao wont nd Brobingt had fad abundant ans tnd ample opporauiticao mous hseais iEnown, "Darlog part of tin ime he had trontod tis Recovery uo otseoosary ie Porance and had devoted bimnci tothe tdvancemeat af cortain staer ventions Erhis ef tomparadvely smal merit In eaaiion the instruments of Deawebaage ‘Were fairly tasted fp Mara, 188, and fll to prof ealafactory resulta hen offered in evidence, they wore i no conditlon, boing mere “remaina ” Held an sbandonment. Fees, Bexorer, and Hamas, 39s dsconsng 10, SisieFauon rt Opraisixo Pare "Tcchargethat after Bel sore tbisappticntion op January 20,1870, andafter tho application thus worn to, had boen foruudly Sos inthepaten’ aon od Reoraaey te 18h, oxeniner who got knowledge af the Uray eavede put afterwards on th Sainé day, declosed hg comventsta Belsattormeye and that they were thea allowed te ‘ithdeat theappication ciangettsomstoincicaeGray evarablosesmtance seutes grer Bell's sigoature, and over the jeratsand then torestare ths appiteason othe Aes, Shas moray altered, ant (ewe te original ong a this Getweon Bebrs- ary lith and February {th examined, and held fo sbotoed. 1. Bigre—Larrane No. 19)79--Axticmatios-Honnes’ Puiwriso ‘DELEonaME ‘Caters patent No, 180eS7, of Janary 0, IVT, to Alosanor Oraina Bel, for ‘improvements in electric telepbony, ate forte uechanteastructre of an coe ine telephone, to be aeed vo prog he clactrical action gugmhishiitereoutsas Se 1.4, af Mato 715, to said Bell or “iunprovauente iy elciie esearephy > esis, “Tho Ath clam of te patent of str is ss follows: eho formations foro slectrc telephone, such ap herein shows sod describe, ow magace wih cal780 SUPREME COURT REPORTER, pon the ond orends of the magne nono the pata,” Hel to li a wh ‘ping for an oloctre falophone Tat construction of which the aa or diopiragi, Pe etre titted ete ae Sane eee eae nea ee a eee Ss Tiaguet in Hugues’ printing elograph, as teseribed in Seheliow’s work, 18. Contonssioxs"Couronsre Betsteney”“Eviguver Teena eae era a BIST cays Resolves, 180-81 0.117, ie) bape ne erat tana a Can ee St Lidwe & Resolves, 8700, 24 relating tovorporations gave them te right tosaloct A orpuaca sate a eu psa vise poocog idaoeet ae kuin Bal ‘Rlopione Gaia vaghs Ma inte’ seen ee of he nocual act under warch fReylworstacorperntedSid a crldeste of ie'tcreary of he eommonsealtnig iBeoar area Uy Laws bev, g6n oN PL i cose eidone ot ihe ormomnan en Appeal from the Circuit Court of the United States for the District of Massachusetts, Appeal from the Circuit Court of the United States for the Eastern Dis- trict of Pennsylva Appeals from the Cireuit Court of the United States for the Southern Dis- trict of New York. These cases were all bills for infringement of letters patent No. 174,465 of March 7, 1876, to Alexander Graham Bell, for “improvements in telegra and of letters patent No. 186,787, of January 80, 187, to the same, for provements in electric teleptony.” ‘The decree in each and every ease, ex- cept that of the Molecular Telephone Company, was in favor of the Bell tele- phone patents, and in that case the decision (83 Fed. Rep. 214) was adverse only upon the fifth claim of the patent of 1877. ‘The appeal of the American Bell Telephone Company wus from that part of the decree. ‘The remaining appeals, five in number, were all taken by the several defendants. Causten Browne and J.B. Maynadier, for Dolbear et al. G. P. Lowrey, Wheeler H. Peckham, ani H.D. Donnelly, for Molecular Tél, Co. et al. W. W. Kerr, for Cluy Commercial Tel. Co. ef al. Lysander Hili, Don M. Dick- inson, and 7.8. B. Dizon, for People’s Tel. Co. et al, E.'N. Dickerson, 24-J- Btorrow, and Chauncey Smith, for American Bell Tel. Co. et al. Warre, C. J. “The important question which meots us at the outset in each of these eases is as to the Scope of the fifth claim of the patent of March 7, 1876, which is as follows: “The method of and apparatus for transmitting vocal or other sounds telegraphically, as herein described, by causing electrical undu- lations, similar in form to the vibrations of the air accompanying the said vocal or other sounds, substantially as set forth.” It is contended that this embraces the art of transferring to or impressing upon a current of electricity the vibrations of air produced by the human voice in articulate speech, in ‘a way that the speech will be carried to and received by a listener at a dis- tance on the line of the current. Articulate speech is not mentioned by name in the patent. ‘The invention, as described, “consists in the employment of a vibratory or undulatory current of electricity, in contradistinclion to a merely intermittent or pulsatory current, and of a method of and apparatus for producing electrical undulations upon the line wire.” A “pulsatory cur- rent” is described as one “caused by sudden or instantaneous changes of in- tensity," and an “electrical undulation,” as the result of “gradual changes of intensity exactly analogous to the changes in the density of air occasioned ‘aby simple pendulous vibrations.” Among the uses to which this art may be Eput is said to be the “telegraphic transmission of noises or sounds of any Fkind;” and it is also said that the undulatory eurrent, when created in*tlie way pointed out, will produce through the receiver at the receiving end of the line “a similar sound to that uttered into” the transmitter the transmitting, end. One of the means of imparting the necessary vibrations, through the transmitter, to produce the undulations, may be the human yoice. Articu