Reporter's Statement of the Case

coupled through an induction coil or transformer to the closed oscillating circuit jk1T in which is located the condenser k1 and the coherer or wave-responsive device T. This patent states in lines 31-34 of page 1:

"It is desirable that the induction coil should be in tune or syntony with the electrical oscillation transmitted."

It was not known to Marconi at the time this patent was filed that it was desirable to have the closed oscillating circuit in tune with the open oscillating circuit. The statement quoted meant, to one skilled in the art at the time this patent was filed, that the primary or open circuit should be in tune with the transmitter, according to the teaching of Lodge in his patent in suit. No means was shown for tuning the open circuit of this Marconi patent and it was not necessary to show any such means since the art after the Lodge patent in suit knew how to adjust a variable inductance coil in the open circuit to obtain the tuning desired, as well as by older and more tedious tuning operation of adjusting the length of the vertical wire. Such a variable inductance in the primary or open circuit would be implied by one skilled in the art at that time. After the disclosure of this patent #627650 it required no invention to have an oscillation-receiving conductor A connected to a variable inductance with a waveresponsive device T electrically connected with said conductor through the transformer j1j2, and with a condenser k1 in circuit with the detector.

Claim 2 of Marconi #763772 not being limited to the primary and secondary circuits being in tune, is directed to an arrangement contemplated by Marconi's earlier patent #627650.

Lines 38-42 of page 1 of patent #627650 state:

"The capacity of the condenser on the connection between the imperfect contact and the secondary of the coil should be varied (in order to obtain the best effects) if the length of the wave is varied."

Due to the rather high resistance of the coherer T no sharp tuning would be possible on adjusting the capacity k1. However, no satisfactory evidence has been submitted to

Reporter's Statement of the Case

show how else the "best effects" referred to could be obtained other than as the result of some tuning.

These quotations are not sufficiently clear to one skilled in the art at that time to point out the desirability of tuning both circuits to the same period.

LIII. The Stone patent #714756 was filed February 8, 1900, about two and a half months before the British patent to Marconi, #7777, of 1900, was filed.

In fig. 5, reproduced on page 714 of this finding, is shown a transmitter having a telegraph key k in the primary of an induction coil M1. In the secondary of this induction coil is a spark gap 8 which generates high-frequency oscillations through the closed circuit sCLI1. This circuit is electrically connected through an oscillation transformer M with an open or antenna oscillating circuit v IE. The receiver is shown by fig. 6 to comprise an open oscillating circuit v I1⁄2E inductively coupled through the transformer M with a closed oscillating circuit ICCL. A coherer or wave-responsive device K is connected across the condenser C. Figs. 7 and 8 are similar to figs. 5 and 6 except that another closed oscillating circuit is placed between the open circuit and the closed oscillating circuits of figs. 5 and 6 for the purpose of screening out other than the desired frequencies to get sharper tuning. In figs. 13-15, reproduced on page 715 of this finding, are shown other embodiments of Stone's invention using more than one closed circuit coupled to one open circuit.

Stone was "a man possessed of unusual theoretical knowledge relative to the behavior of circuits, understanding fully the means necessary to tune an electrical circuit." Lines 16-29 of page 2 of the Stone patent state:

"Thus the frequency impressed upon the elevated conductor may or may not be the same as the natural period or fundamental of said conductor."

To one skilled in the art this meant the period or frequency of the closed circuit oscillations may or may not be the same as the natural period of the open circuit. When it is the same both circuits are in tune.

Reporter's Statement of the Case

Another pertinent portion of the Stone patent specification is found in lines 62-66 of page 6 which read as follows:

"The vertical wire may with advantage be so constructed as to be highly resonant to a particular frequency, and the harmonic vibrations impressed thereon may with advantage be of that frequency."

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To one skilled in the art this meant that certain advantages were known to exist in having the open circuit of figs. 5 and 6 of the patent, for example, highly resonant or exactly in tune with the oscillations impressed upon it. On page 4 of the Stone patent specification lines 17-36 and 47-56 read as follows:

"When the apparatus at a particular station is attuned to the same periodicity as that of the electromagnetic waves emanating from a particular transmitting station, then this receiving station will respond to and be capable of selectively receiving messages from that particular transmitting station to the exclusion of messages simultaneously or otherwise sent from other transmitting stations in the neighborhood which generate electromagnetic waves of different periodicities. Moreover, by my invention the operator at the transmitting or receiving station may, at will, adjust the apparatus at his

Reporter's Statement of the Case

command in such a way as to place himself in communication with any one of a number of stations in the neighborhood by bringing his apparatus into resonance with the periodicity employed by the station with which intercommunication is desired.

*

"In order that the electric translating apparatus at the receiving station shall be operated only by electric waves of a single frequency and by no others, I interpose between the vertical conductor at the receiving station and the translating devices a resonant circuit or circuits attuned to the particular frequency of the electro-magnetic waves which it is desired to have operate the translating devices."

Stone used circuit connections at his receiver to correspond with those at the transmitter, and his receiver and transmitter each had an open circuit inductively coupled to a closed circuit which was tuned to the frequency of the transmitted signal. From the suggestion to tune the open transmitter circuit it was obvious to one skilled in the art that the receiver open circuit should also be tuned. The closed oscillating circuits of both figs. 5 and 6 of the Stone patent are stated to be in tune with each other. To one skilled in the art, Stone's patent contemplated having all four oscillating circuits in tune or accord with each other. The Stone patent drawing shows none of the condensers or inductances in any of these oscillating circuits to be adjustable, yet one skilled in the art at the time knew how to adjust any or all of them to obtain the desired resonance in the open and closed circuits. The Stone drawing did not show the open circuits provided with a tuning coil because it sometimes represented an embodiment in which the open circuit was adapted to receive simultaneously several frequencies and it could not be tuned to each.

LIV. The quotations from lines 16-20 of page 2 and lines 62-66 of page 6 of the Stone specification were inserted by the amendment of April 8, 1902, after the application was filed in the Patent Office.

As filed in the Patent Office, the invention of the Stone application was directed to obtaining a simple wave instead of a complex one in the transmitted signal. It was Stone's belief that the early apparatus for Hertzian-wave signalling gave complex waves where the oscillations were generated in