AUGUST, 1934
7
Phone
PL. 3171
Tyler Cabi'n et
Co.~
7110 McKinley Ave.
Los Angeles
Ltd.
nWhere Woodwork Is Good Work"
WE SPECIALIZE ON THE MANUFACTURE OF HIGH·GRADE MARBLE CABINETS
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National News Notes
II
Decision Favors Gottlieb
In Callison · Patent Case
The ordinance provides that the ma-
chine must offer a distinct return to
players, or vend something of value
for the money deposited.
In five months $1,248 has been col-
lected by the city clerk's office at
Oklahoma City for nickels and pen-
ny vending machines. Marble games,
peanut machines, and all sorts of
coin operated devices areinciuded in
CHICAGO-In a memorandum decision handed down by His
the license ordinance under which
this sum was collected. A $3 tax is
Honor Judge John P. Barnes of the District Court of the United
levied on penny machines and $6 on
States for the Northern District of Illinois, Eastern Division, on
nickel machines.
July 5, 1934, in the case of William Edward Callison vs. David
The city of Rockford, IllinOis, has
Gottlieb, Equity No. 13212, the defendant's defense of non-
announced its intentions of collecting
infringement Wlas sustained, the court holding that the defend-
a personal property tax on amuse-
ment and merchandise machines.
ant did not infring,e the Callison patent No. 1,645,370.
The plaintiff's bill of complaint al-
A motion calling for a police re-
evidence by the defendant, one
port on the operation of vending ma-
leged that the defendant, D. Gottlieb
would
be strongly inclined to hold
chines in Paducah, Ky., was voted
& Co., infringed the Callison patent
down by .the board of commissions.
that the patent in suit is invalid
in suit by the manufacture of game
Pleading guilty to the theft of a
for the reason that it is anticipated
apparatuses known as MINIATURE
coin machine from a pool hall in Po-
in the prior art by Young Patent
PLAYBOY, CLOVER LEAF, FIVE
cahontas, Iowa, Elmer Lang was sen-
No. 492,178, Young Patent No.
STAR FINAL, MASTER PLAYBOY,
tenced to five years in the Iowa state
513,224, Caille Patent No. 711,383,
penitentiary at Fort Madison. He had
and BIG BROADCAST.
Ellison Patent No. 1,253,471, and
been sentenced to the state prison
The plaintiff contended and has so
twice before.
advertised that his patent covers
Kohler Patent No. 1,540,343, but
At a recent meeting of the board . amusement devices now known as
when one looks at the entire patent
of commissioners at Middlesboro, Ky.,
"Marble Pin Games" substantially
in suit and reads the claims in the
an ordinance was submitted to licen's e
consisting of a means for stopping
light of the speCifications, one is in-
coin operated machines. The tax sug-
and releasing balls on an inclined
clined to hold that the patent is
gested was $5 a week for ,e ach 'ma-
surface and in his bill of complaint
valid though the matter is certain-
chine.
he averred that in each of the defend-
ly not free from doubt."
Forty coin machine operators from
ant's devices there was included:
The Court, after holding the patent
all parts of Iowa met in Des Moines
"1. A propelling device for balls .
valid, continues:
and organized the Automatic Mer-
2.a target above the level of the
"Likewise, when one considers
chandisers Association of Iowa. Pur-
the words of the claims of the pat-
propelling device
.
3. an inclined surface leadmg froIh
ent in suit and applies them to the
pose of the association is to handle
the target to the propelling de-
alleged infringing devices of the
all matters pertaining to operations
vice for returning the balls there-
defendant, one is inclined to hold
in the state as well as make every
to means between the target and
that the claims are infringed, but
effort to elevate the business in gen-
th~ propelling device for stopping
when one considers the claims of
eral.
the balls as they return from the
the ,patent in suit in the light of
The city commission recently en-
the specification thereof, one comes
target, and
.
acted a new ordinance in Enid, Okla.,
to the conclusion that the patent in
4. a means for lifting the stopping
licensing recreational games of skill.
means to release the balls stopped
suit covers a structure entirely
A $50 annual fee and $1 p,er month
different from that of the defend-
by it."
: ;
has been set on each machine.
.
The plaintiff averred. that the tar-
ant's alleged infringing device. The
The first 10 days' after 'the ordi-
gets in the defendant's devices "con-
court concludes that there is no in-
nance licensing chance machines in
sist of a plurality of pockets and
fringement."
Panama City, Florida, was passed,
Plaintiff contended and urged upon
that:
$1,100 in revenue was collected.
"Said 'means for lifting the f!tQP·- . th,e . cO\j.rt, . to read. the claims in the
An annub.l . tax of $5 on each vend-
ing means' in each of , the her~in- . light of the speCification of the Calli-
ingmachine operated in Ohio will
before listed and named, defend- .. ' son patent to save the patent from
probably be introduced before the
ant's said deyices, consists of mech- anticipation by the prior art while the
legislature to help pay for the great
anism that shifts the stopping defendant contended that if the court
Muskingum watershed conservancy
means so as to release the balls read the claims in the light of the dis-
project.
stopped thereby; and, in each of the
closure of the patent the defendant's
hereinbefore listed, -and , named, . de- . devices did not infringe the patent
"What's this big item on your ex-
vices of defendant, this Shifting and in this the defendant was sus-
pense account?"
movement is slightly upward and tained.
"Oh, that's my hotel bill."
The court according to the memor-
away from the ' propelling device,
"Well, don't buy any more hotels."
andum read the claims in the light of
along an inclined plane leading
from the propelling device to the the speCification and, as previously
stated, while holding the patent valid
targets or pockets into which the
balls may be directed according to when read in the light of the specifi-
the speed at which they are pro-
cation of the patent, held that the de-
pelled; and said speed is within the fendant's structures did not infringe
High grade brus, accurately mllled and uniform In
control of the operator so as to
the patent.
size and thickness. FurniShed in either the 'No
Cash Value' or 'Trade Value.' Solid or with hole •.
direct the balls at different ones of
This decision in effect decides that
Ie
Se
IOe
25e
the Callison patent is not to be inter-
said targets or pockets, or at dif-
l1OOO ......•... ",.00 111 f4.1IO H ".00 111 ~.ISO 111
ferent parts of the targets, accord-
preted to cover all amusement de-
Ioob ..........
4.26
S.OO
4.21>
6.50
IlOO ..........
2M
3.00
2.50
4.1S0
ing to the speed with which the ball
vices now known as "marble pin
Special prices on quantity lots. Prices subject to
is propelled."
games" and in which devices there is
change without notice.
In the memorandum His Honor
a means for stopping and releasing
stated:
balls on an inclined surface.
"If one were to read the claims
The defendant was represented by
"IDENTIFY YOUR lIIACHINES"
of the patent in suit on the struc-
the patent firm of Threedy & Cannon
-~~-
ISO . .. . ... 0 Be eaell
Total. .. . , 4.00
tures of the prior art offered in of Chicago, TIlinois.
SUPREME PRODUCTS CO • .
State Senator Joseph Esquirol, one
of the men responsible for the bill
making the possession of slot ma-
chines illegal, appeared during the
past month in a Brooklyn, New
York court to defend a man charged
with possession of such a machine.
William Cohen, owner of the Silent
Sales Co., of Minneapolis, is on his
way west to look over the jumbo
table business first hand.
Claire Grant, widely known as one
of the most attractive girls in the
coin machine bUSiness, has joined
forces with Irving Bromberg in the
promotion of Contact in New York.
"Padcoin" is the new cable ad-
dress of the Pacific Amusement
Dist. Co.
A movement is underway in New
York state to extend the scope of
the New York City Skill Games
Board of Trade to include the en-
tire state.
An attempt is being made in Min-
neapolis to secure permission from
the U. S. government to place used
pin tables in veterans' hospitals and '
old soldier,s' homes.
Prizes on pin games are out in
Buffalo following a decision in the
city court of Buffalo.
Leo Weinberger representing a
group of pin-table distributors, ap-
peared before the Board of Alder-
men's finance committee in Louis-
ville, Ky., last week to ask that a
$200 annual license on each oper-
ator and a $3 tax on each amuse-
ment . machine be imposed in the
city. Weinberger stated his clients
favored such a license to keep out
undesirables. He stated that about
30 operators could afford the li-
cense and that more than 60% of
the machines in the city were oper-
ated by these 30 operators.
Operators in Pittsburgh state that
business done by pin' games has
more than doubled since the ma-
chines were licensed by the city.
Stores that heretofore never allowed
the games have made room for them
now that the city has placed a li-
cense fee upon them.
Arden Wood of Yazoo City, Miss.,
was given permission by the city
council recently to open the first au-
tomatic coin operated pool table busi-
ness in the state and probably the
only one of its kind in the country.
The city commissioners of Waco,
Texas, recently passed an ordinance
under suspended rules taxing chance
machines and other similar devices.
•
Wide Interest Aroused in South; Decision
Valuable to Entire. Industry; Opinion
Mentions Many Pa,tents
•
BRASS CHECKS
NAME AND NUMBER PLATES
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\IICHIL\\ C\ \E (HIC\CO.
100 ....... @ 6e eaelr.
Total. ... , 4.00
eaell
Total .... fl:l.lIO
Il00 ••••... @ 4%e eaell
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