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THE MUSIC TRADE REVIEW
Che Small Goods trade
THE STRAUSS PATENT INVALID.
Involved the Making of a One-piece Corrugated
Harmonica Cover—Judge Coxe's Ruling in
Detail.
A suit involving the patent for the old one-
piece corrugated harmonica cover was de-
cided in the United States Circuit Court at
New York last week.
The action was
brought by Ferdinand Strauss against Sig-
mund Blumenthal, of 591 Broadway, N. Y.,
agent for the "Trombone," "Scotch Piper,"
and Brentano's harmonicas, and was the us-
ual suit in equity for an injunction and dam-
ages for infringement. The case was argued
by Mr. Frank von Briesen for the complain-
ant, and by Mr. R. B. McMaster for the
defendant. The decision by Judge Coxe is
as follows:
This is an action brought for the infringe-
ment of Letters Patent :\O. 628,640, granted
to the complainant July 11, 1899, for an im-
proved harmonica.
The specification says: ''This invention
relates to a harmonica of the cla s in which
the covering-plates are provided with corru-
gations between the reeds, so as to form a
separate pipe or air-chamber for each of the
reeds. I form these corrugations across the
rear part of the covering-plates only, while
the front part remains smooth and is turned
inward to constitute the mouthpiece. Thus
the construction of the instrument is simpli-
fied and inaccessible dust-collecting spaces
between the corrugations are avoided."
"It will be seen that by my invention the
mouthpiece and pipes are formed upon one
and the same plate, so that the construction
of the instrument is greatly simplified. As
the corrugations merge into the plain portion
of the plates, I am enabled to obtain a
smooth mouthpiece at the forward edge of
such plates. Finally, as the corrugations are
fully exposed from end to end the interven-
ing grooves are not apt to accumulate dust."
The claim is as follows:
"A harmonica provided with a covering-
plate having a rear, transversely-corrugated
section, a smooth front section, and an in-
wardly projecting front edge that constitutes
a mouthpiece, substantially as specified."
The defences are the usual ones—lack of
novelty and patentability and non-infringe-
ment.
The device of the claim involves merely a
slight change in the covering-plate of a well-
known toy, without accomplishing any new
result or a patentable change in an old result.
Everything shown or described in the draw-
ings and description is found in the prior art,
except the single feature of making the cor-
rugated covering device in one piece instead
of in two pieces.
The Weiss harmonica is identical in every
flutes, Piccolos,
Guitars,
mandolins, Banjos, Zithers
And €«ery Instrument
that's musical « «
JOHN C HAYNES & CO,
Importers and Manufacturers,
451 Washington St., Boston, Mass.
particular with the patented structure, except
that in the former the upper section of the
corrugations is covered with a separate plate
which forms the mouthpiece. In the pat-
ented structure these two plates are integral.
The patentee has evidently taken the Weiss
design and, by a well-known method, has
stamped the corrugations upon the same
sheet of metal which serves as the mouth-
piece. The change has accomplished noth-
ing except, perhaps, a slight saving in ex-
pense. There is not even a distinctively new
appearance.
The pretense that the tone of the instru-
ment is strengthened and improved over the
same type of harmonicas in the prior art is
so obviously untenable that it is unnecessary
to discuss it. The Court is clearly of the
opinion that the patentee has contributed
nothing to the art worthy to rank as an in-
vention.
The Bill is dismissed.
The Weiss Patent No. 592,850, dated Nov.
2, 1897, referred to by Judge Coxe in the
foregoing opinion, is for a two-piece corru-
gated cover and the Court holds that it did
not require invention to make in one-piece
what had previously been made in two pieces.
THE COLUMBIA PHONOGRAPH CO/S
New Quarters in New York—Extending the Busi-
ness to the Remotest L Parts of the World,
Through Their European Offices—The Evo-
lution and Expansion of a Well Managed En-
terprise.
The downtown store of the Columbia
Phonograph Co. has been removed from No.
145 Broadway, New York, to No. 93 Cham-
bers street. This step has been made neces-
sary by the company's constantly increasing
business. A few years ago the quarters for-
merly occupied at No. n 5 9 Broadway were
thought to be large enough to accommodate
any growth of business that would come in
the next ten years. But, after a year or two,
more room was needed and a separate store
for wholesale, export and retail business was
established at No. 145 Broadway, which, in
its turn, has now been outgrown.
In the
meantime the congested condition at 1159
Broadway was further relieved by the re-
moval of the Executive and Financial depart-
ments of the company to lower Broadway.
As the years have passed the retail up-
town store has gradually proven inadequate
and new quarters were recently taken in the
Windsor Arcade on Fifth Avenue, at the
corner of Forty-sixth street. And now, as
a result of evolution and expansion,the down-
town quarters are to be established in a store
at No. 93 Chambers street, running through
to Reade street, and containing a floor space
of 11,000 square feet.
The facilities for transacting business in
this new location, the ability to carry a larger
stock of goods in an admirably arranged
store, and its ideal situation in a part of the
city devoted almost exclusively to merchan-
dising, are important features in connec-
tion with this latest change.
One of the most puzzling problems for all
New York merchants is how to carry the
necessarily large stock of goods and properly
display them in the relatively small space at
their disposal in the conventional modern
store. The Columbia Phonograph Co., in
their new and attractive quarters—in the
Windsor Arcade, and at 93 Chambers street,
have secured such ample space and abundant
facilities for the transaction of their business
that this problem has been well solved.
By means of sales depots in London, Paris,
and Berlin, the Graphophone has been intro-
duced into the remotest parts of the earth;
and new offices have been recently established
in the United States in Boston, Pittsburg and
Minneapolis, and the position of the company
strengthened in every direction.
SOME NOTAPHONE FEATURES.
Why This Invention, Which is Being Marketed by
Oscar Schmidt, Should Appeal to the Public
if Properly Pushed by Dealers—Unexcelled as
an Educator.
Oscar Schmidt's latest musical novelty, the
Notaphone, is evidently destined to become
a valuable factor in the education of children.
Its introduction into the hundreds of thou-
sands of public and private schools of the
United States, Canada, Europe, Australasia
and South America, is merely a question of
time.
By means of the Notaphone, which is both
simple and comprehensive, the science of mu-
sic can be easily acquired. This marvellous
instrument also furnishes unlimited enter-
tainment for people of all ages and of both
sexes. Parents and teachers, once they
know of the special features of the Nota-
phone, are certain to insist in the household
as well as in the school.
Mr. Schmidt is to be congratulated on the
success already achieved with this novelty.
It is creating great interest wherever men-
tioned. A full description and graphic pic-
ture of the instrument appeared on pages
16 and 17 of The Review of April 13 last.
It is being brought directly to the attention
of educators. Music dealers who have kept
this in mind and brought the Notaphone to
the attention of teachers have done well with
it. Mr. Schmidt believes that it will pay
dealers handsomely to get particulars and
give the Notaphone the prominence it merits.
COSTLY BAND INSTRUMENTS.
The most valuable cornet ever produced
was made by one of the largest firms of
brass instrument makers in England to the
order of the late Czar of Russia. It was
made of the best silver, richly graven with
various devices, including the arms of the im-
perial House of Romanoff. It was orna-
mented with beaten gold filagree work, and
the bell of the instrument was thickly in-
crusted with rubies and emeralds. The cost
of this handsome instrument was $10,000.
A well-known millionaire recently gave
an order for a cornet which is to cost $5,000.
It is to be made of sterling silver, inlaid with
seed pearls. The portrait is to be repro-
duced on the metal.
The late Shah of Persia owned a beautiful
set of wind instruments. They were of pure
silver, inlaid with gold.
Three thousand
pounds was the price he paid for them. The
Rao of Cutch paid $4,500 for a complete set
of band instruments. The big drum cost
over $500. The drummer, it is interesting