Music Trade Review
Issue: 1905 Vol. 40 N. 12 - Page 12
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12
THE MUSIC TRADE
DOMAN STATES CASE.
Inventor of Amphion Devices Writes Regarding
Points Involved in Interference Decision.
Mr. Edward Lyman Bill, Editor Music Trade
Review, 1 Madison Avenue, New York:
Dear Sir:—With reference to the article in last
week's issue entitled "Player Patents in Dispute,"
we would like to have you publish the following-
statements: The case in controversy involved
two interferences—in one case the parties were
Votey vs. Wuest vs. Doman; the other case was
the case of Wuest vs. Doman.
With reference to the case of Votey vs. Wuest
vs. Doman, we beg to say that the issue of this
case covers, as set forth in the claim:
"In a piano player, the combination with a
series of finger levers, of a plurality of separable
valve shelves, each containing a distinct aeries
of valves respectively in operative relation with
corresponding finger levers."
It will be noticed that this claim covers the
broad principle of a separable valve shelf, and
we concede that Mr. Votey made in 1896 a player
in which he used what, by a severe stretch of
imagination, might be termed a separable shelf
(in order to separate the shelves in this player
built by Mr. Votey in 1896, the action must be
removed from the case and the cover to the up-
right wind chest unscrewed and taken off before
the screws holding the shelves in place could be
gotten at). The fact that Mr. Votey took out a
patent on this particular instrument but made
no claim whatever on the separability, is proof
enough that he himself did not consider his spe-
cific construction of any value.
The Amphion Co. has no desire to avail itself
of any of Mr. Votey's inventions, and certainly
the Amphion Co. has never used the crude and
unsatisfactory construction disclosed in the piano
player exhibited by Mr. Votey, and which he
claims to have built in 1896. The fact that this
construction was never used in the Pianola, is
further proof that neither Mr. Votey nor the
Aeolian Co. considered it of any value.
It should be understood, therefore, that as far
as the interference case of Votey vs. Wuest vs.
Doman is concerned, the point at issue, viz.: the
broad principle of a separable valve shelf (such
as is shown in Mr. Votey's instrument of 1896), is
declared public property, and can therefore be
used by any manufacturer.
In the interference of Wuest vs. Doman (Mr.
Votey is not a party to this interference), there
is a claim which recites as follows:
"In a piano player, the combination with a
series of finger levers, each operatively connect-
ed with a motor and an individual valve mech-
anism for controlling the same; of a plurality of
separable valve shelves, each enclosing a definite
REVIEW
number of said valves, and each comprising a
vacuum chamber common to the valves which it
encloses; and registered wind ports in respective
valve shelves, for direct communication between
said vacuum chambers."
In the record of this case, Mr. Wuest alleges
conception in August, 1896, and reduction to prac-
tice in 1892, but, unfortunately, he has been un-
able to prove his allegation, and he himself ad-
mits on the record that he never built an opera-
tive apparatus before August, 1892. Doman's rec-
ord shows that he conceived the invention early
in 1900—that he made a complete working instru-
ment during the month of June of the same year,
and that he has since continued to manufacture
and sell instruments embodying the issue of this
interference. The Examiner therefore awards
judgment of priority to Doman, consequently: as
the matter now stands, the broad principle of a
separable shelf, as shown in the Votey player,
has become public property, but the specific con-
struction whereby these shelves are made with
registering wind ports at the end communicating
directly with each other, and whereby only one
bolt is required to clamp all the shelves firmly
together, and take up any shrinkage which may
occur, is awarded to L. B. Doman.
This construction is one of the many excellent
features of the Amphion piano player, and its
value is evidenced when we state that by the re-
moval of only one bolt at each end of the pneu-
matic action, one.or all of the valve shelves may
be removed without taking the entire action out
of the case. Should there be any shrinkage of
the wood of which the shelves are constructed,
whereby leakage of air is developed, it is only
necessary to tighten one bolt, and in order to
prevent the necessity of even this small outlay of
labor, means are provided which automatically
allows the various shelves to expand or contract
at will, and which at the same time keeps them
perfectly airtight.
Yours truly,
THE
AMPIIIOX CO.,
L. B. Doman, V. P.
STERN & CO. LOSE CONTRACT SUIT.
Elizabeth Marbury, a dramatists' agent, ob-
tained a verdict in the City Court, Part IV., New
York, Wednesday, for $1,050, against Jos. W.
Stern & Co., music publishers, in a suit for breach
of contract. The case was tried before Chief Jus-
tice O'Dwyer and a jury. An appeal was taken by
Stern & Co. the following day.
THE MERRILL CASE.
(Special to The Review.)
Boston, Mass., March 24, 1905.
It looks as if the Merrill case were approaching
adjustment, which undoubtedly means the retire-
ment of one of the interests.
EDWARD H. COLELL MARRIED.
Edward H. Colell, who for years has been man-
ager of the Wissner Piano warerooms, and prom-
inently identified with the musical affairs of
Brooklyn, was married at the Hotel St. Regis last
Wednesday to Mrs. Emma K. Lister, of Newark,
N. J. The ceremony was performed by the Rev
Dr. Frazier of Newark.
The first wife of Mr. Colell, who was the daugh-
ter of one of the cabinet ministers of Napoleon
III., was fatally injured on the train wreck at
Montclair, N. J., seven years ago.
ITEMS FULL OF MEAT.
The Fred C. Hall Piano Co., Meriden, Conn.,
will move their business to 257 Main street, in
that city.
The Aeolian Weber Piano and Pianola Co. has
declared the regular quartely dividend of 1%
per cent, on its preferred stock.
Fred Kessler, who has been for some time
salesman with the John Church Co., will leave
the Everett warerooms April 1.
Among the visitors during the week were Ru-
dolph Steinert, Edward F. Droop, oi Washing-
ton and Mr. Biekarck, of Warren, Pa.
Joseph F. Poche, formerly of the Apollo forces
in New York, has gone into business with D. H.
Ravenes, an old-established firm in Hattiesburg,
Miss.
Wolf's Music House, Perth Amboy, N. J., was
incorporated Thursday, with a capital of $100,-
000. Incorporators: David Wolf, Ludwig Wolf
and Frieda Loeb.
CHRISTMAN ON THE "PRAIRIE.'
Wm. Anzinger, Springfield, O., has enlarged his
retail establishment and will shortly have one
of the most attractive piano warerooms in his
section. His new locality is at 51 West Main
street.
The officers of the United States training ship
Prairie visited the Christman warerooms this
week and selected one of the latest Christman
upright models. The instrument was immediate-
ly placed on the ship, which is now on its way
to Southern waters.
Howard Hill, formerly known as Psycho, now
traveling representative of the Melville Clark
Co., arrived in New York on Friday morning. Mr.
Howard states that the demand for Apollo pianos
is something enormous.
12
THE MUSIC TRADE
DOMAN STATES CASE.
Inventor of Amphion Devices Writes Regarding
Points Involved in Interference Decision.
Mr. Edward Lyman Bill, Editor Music Trade
Review, 1 Madison Avenue, New York:
Dear Sir:—With reference to the article in last
week's issue entitled "Player Patents in Dispute,"
we would like to have you publish the following-
statements: The case in controversy involved
two interferences—in one case the parties were
Votey vs. Wuest vs. Doman; the other case was
the case of Wuest vs. Doman.
With reference to the case of Votey vs. Wuest
vs. Doman, we beg to say that the issue of this
case covers, as set forth in the claim:
"In a piano player, the combination with a
series of finger levers, of a plurality of separable
valve shelves, each containing a distinct aeries
of valves respectively in operative relation with
corresponding finger levers."
It will be noticed that this claim covers the
broad principle of a separable valve shelf, and
we concede that Mr. Votey made in 1896 a player
in which he used what, by a severe stretch of
imagination, might be termed a separable shelf
(in order to separate the shelves in this player
built by Mr. Votey in 1896, the action must be
removed from the case and the cover to the up-
right wind chest unscrewed and taken off before
the screws holding the shelves in place could be
gotten at). The fact that Mr. Votey took out a
patent on this particular instrument but made
no claim whatever on the separability, is proof
enough that he himself did not consider his spe-
cific construction of any value.
The Amphion Co. has no desire to avail itself
of any of Mr. Votey's inventions, and certainly
the Amphion Co. has never used the crude and
unsatisfactory construction disclosed in the piano
player exhibited by Mr. Votey, and which he
claims to have built in 1896. The fact that this
construction was never used in the Pianola, is
further proof that neither Mr. Votey nor the
Aeolian Co. considered it of any value.
It should be understood, therefore, that as far
as the interference case of Votey vs. Wuest vs.
Doman is concerned, the point at issue, viz.: the
broad principle of a separable valve shelf (such
as is shown in Mr. Votey's instrument of 1896), is
declared public property, and can therefore be
used by any manufacturer.
In the interference of Wuest vs. Doman (Mr.
Votey is not a party to this interference), there
is a claim which recites as follows:
"In a piano player, the combination with a
series of finger levers, each operatively connect-
ed with a motor and an individual valve mech-
anism for controlling the same; of a plurality of
separable valve shelves, each enclosing a definite
REVIEW
number of said valves, and each comprising a
vacuum chamber common to the valves which it
encloses; and registered wind ports in respective
valve shelves, for direct communication between
said vacuum chambers."
In the record of this case, Mr. Wuest alleges
conception in August, 1896, and reduction to prac-
tice in 1892, but, unfortunately, he has been un-
able to prove his allegation, and he himself ad-
mits on the record that he never built an opera-
tive apparatus before August, 1892. Doman's rec-
ord shows that he conceived the invention early
in 1900—that he made a complete working instru-
ment during the month of June of the same year,
and that he has since continued to manufacture
and sell instruments embodying the issue of this
interference. The Examiner therefore awards
judgment of priority to Doman, consequently: as
the matter now stands, the broad principle of a
separable shelf, as shown in the Votey player,
has become public property, but the specific con-
struction whereby these shelves are made with
registering wind ports at the end communicating
directly with each other, and whereby only one
bolt is required to clamp all the shelves firmly
together, and take up any shrinkage which may
occur, is awarded to L. B. Doman.
This construction is one of the many excellent
features of the Amphion piano player, and its
value is evidenced when we state that by the re-
moval of only one bolt at each end of the pneu-
matic action, one.or all of the valve shelves may
be removed without taking the entire action out
of the case. Should there be any shrinkage of
the wood of which the shelves are constructed,
whereby leakage of air is developed, it is only
necessary to tighten one bolt, and in order to
prevent the necessity of even this small outlay of
labor, means are provided which automatically
allows the various shelves to expand or contract
at will, and which at the same time keeps them
perfectly airtight.
Yours truly,
THE
AMPIIIOX CO.,
L. B. Doman, V. P.
STERN & CO. LOSE CONTRACT SUIT.
Elizabeth Marbury, a dramatists' agent, ob-
tained a verdict in the City Court, Part IV., New
York, Wednesday, for $1,050, against Jos. W.
Stern & Co., music publishers, in a suit for breach
of contract. The case was tried before Chief Jus-
tice O'Dwyer and a jury. An appeal was taken by
Stern & Co. the following day.
THE MERRILL CASE.
(Special to The Review.)
Boston, Mass., March 24, 1905.
It looks as if the Merrill case were approaching
adjustment, which undoubtedly means the retire-
ment of one of the interests.
EDWARD H. COLELL MARRIED.
Edward H. Colell, who for years has been man-
ager of the Wissner Piano warerooms, and prom-
inently identified with the musical affairs of
Brooklyn, was married at the Hotel St. Regis last
Wednesday to Mrs. Emma K. Lister, of Newark,
N. J. The ceremony was performed by the Rev
Dr. Frazier of Newark.
The first wife of Mr. Colell, who was the daugh-
ter of one of the cabinet ministers of Napoleon
III., was fatally injured on the train wreck at
Montclair, N. J., seven years ago.
ITEMS FULL OF MEAT.
The Fred C. Hall Piano Co., Meriden, Conn.,
will move their business to 257 Main street, in
that city.
The Aeolian Weber Piano and Pianola Co. has
declared the regular quartely dividend of 1%
per cent, on its preferred stock.
Fred Kessler, who has been for some time
salesman with the John Church Co., will leave
the Everett warerooms April 1.
Among the visitors during the week were Ru-
dolph Steinert, Edward F. Droop, oi Washing-
ton and Mr. Biekarck, of Warren, Pa.
Joseph F. Poche, formerly of the Apollo forces
in New York, has gone into business with D. H.
Ravenes, an old-established firm in Hattiesburg,
Miss.
Wolf's Music House, Perth Amboy, N. J., was
incorporated Thursday, with a capital of $100,-
000. Incorporators: David Wolf, Ludwig Wolf
and Frieda Loeb.
CHRISTMAN ON THE "PRAIRIE.'
Wm. Anzinger, Springfield, O., has enlarged his
retail establishment and will shortly have one
of the most attractive piano warerooms in his
section. His new locality is at 51 West Main
street.
The officers of the United States training ship
Prairie visited the Christman warerooms this
week and selected one of the latest Christman
upright models. The instrument was immediate-
ly placed on the ship, which is now on its way
to Southern waters.
Howard Hill, formerly known as Psycho, now
traveling representative of the Melville Clark
Co., arrived in New York on Friday morning. Mr.
Howard states that the demand for Apollo pianos
is something enormous.
Future scanning projects are planned by the International Arcade Museum Library (IAML).