Columbia Broadcasting System v. Sylvania Electric Products, Inc.

415 F.2d 719
CourtCourt of Appeals for the First Circuit
DecidedOctober 7, 1969
Docket7291_1
StatusPublished
Cited by21 cases

This text of 415 F.2d 719 (Columbia Broadcasting System v. Sylvania Electric Products, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Columbia Broadcasting System v. Sylvania Electric Products, Inc., 415 F.2d 719 (1st Cir. 1969).

Opinions

COFFIN, Circuit Judge.

In 1966 CBS brought suit in the district court for the District of Massachusetts against Sylvania claiming the infringement of three patents relating to color television picture tubes. The three [722]*722patents are the Fyler and Rowe patent, No. 2,690,518, and the two Giuffrida patents, Nos. 3,179,836 and 3,222,172. After a lengthy trial the district court held that all three patents were valid and had been infringed. Sylvania brings this appeal.

The color television industry in the United States has been a game of high stakes. The race for a high quality, compatible color television system capable of being mass-produced, has seen the expenditure of millions of dollars and the dedication of talent on a large scale by every major company in the radio and television field. The history of both legal and technological developments is extensive and is set forth in detail in the district court opinion. 294 F.Supp. 468 (D.Mass.1968). The abbreviated discussion which follows recounts only so much of that history as is necessary for resolution of the issues before us.

In 1946 the Federal Communications Commission (FCC) authorized the broadcasting of monochrome (black and white) television. Although at that time research had been and was being conducted in color television, an acceptable system had not been developed and many believed that development of an acceptable system was at least ten years away.

However, in 1949 the FCC called for proposals on color television standards. In response to that request, both CBS and RCA demonstrated color systems to the FCC. The first CBS system was known as the “field sequential” system which consisted of a monochrome picture tube with a rotating color disc in front.1 While the CBS system produced a color picture, it was not compatible, i. e., it could not be received without special parts and attachments on both black and white and color receivers.

RCA’s system — the “dot sequential” system — was a compatible system. It consisted of three picture tubes (one for each color) — which utilized phosphor dots to produce color — and a mirror which combined the three images into one picture seen by the viewer. Despite the compatibility feature, the RCA system was not successful — primarily because of inadequate color quality and high production costs.

In the fall of 1949 RCA began an intensive program to develop a compatible all-electric system which would require only a single picture tube. By March 29, 1950, RCA was able to demonstrate such a system — the planar tricolor screen system. The basic components of the system were an electron “gun”, a tube, a mask, and a screen. The tube was constructed of glass and served as a receptacle for the three other parts. The screen was placed just behind the face of the tube and consisted of a flat panel (hence the name planar) upon which thousands of trios of phosphor dots (red, blue, and green) were deposited by a silk screen process.

At the other end of the tube was placed the “gun” which was simply a transmitter of electron beams. Color was produced by the electron beams striking the appropriate phosphor dot at the proper angle. In order to achieve the required precision, it was necessary to control the direction and velocity of the beam. RCA used a “shadow” mask for this purpose. The mask was placed between the “gun” and the screen and was a thin metal sheet containing a multitude of holes. Each hole was aligned with a trio of phosphor elements and was not only smaller than the trio but smaller than an individual dot. This construction permitted a beam to strike only one dot at a time, the other two remaining shadowed by the mask.

Obviously, proper alignment of the mask holes with the phosphor elements was critical. If alignment was incorrect, “misregistry” occurred, producing blurred color. A cause of misregistry [723]*723was heat-induced expansion of the mask because approximately eighty per cent of the electron beam energy was absorbed by the mask as the beams were channeled toward the screen. The heat generated by this absorption of energy resulted in a buckling of the mask as lateral expansion took place. The final result was improper alignment.

RCA’s approach to this problem was to pre-stress the mask by “hot blocking”, 1. e., the mask is heated and stretched across a metal frame and then cooled. The theory was that, as installed, a pre-stressed mask would have no capacity for heat expansion. But RCA was on the horns of a dilemma, for pre-stress-ing gave rise to serious production problems due to the fact that television picture tubes are required to be evacuated.2

In addition to the alignment problem, it was also thought desirable to have the face of the tube itself serve as the screen. In October of 1953 CBS announced a development directed at both problems. The announcement concerned a patent (the Fyler and Rowe patent) which had been applied for on June 1, 1953. The subject of the patent was a color television picture tube with a curved face and a matching curved mask. The face of the tube itself served as the screen with the phosphor elements being directly disposed thereon.

The curved screen and matching curved mask arrangement of the Fyler and Rowe patent purported to confer a number of advantages. Its most noteworthy attraction was that it affords permanent registry because the spherical mask responds to heat by expanding radially with no significant lateral movement.3 The mask holes therefore are not expanded as would be the case in lateral expansion. The permanent registry feature also provides significant production gains. Since the mask need not be prestressed, problems of tube evacuation — namely, the lengthy cooling cycles and delicate handling required— are obviated. Finally, by placing the screen on the face of the tube, maximum utilization of the tube face is obtained. The CBS disclosure met with an almost instantaneous favorable response in the industry and ultimately resulted in the concluding of licensing agreements with RCA and several foreign manufacturers. There can be little doubt that the curved screen and matching curved mask arrangement was a major development in color television.

Sylvania does not dispute the advantages of the Fyler and Rowe patent. Sylvania does, however, contend that the patent is invalid for three reasons: (1) obviousness; (2) anticipation; and (3) non-compliance with 35 U.S.C. § 112. Before discussing these challenges in detail, we note that Sylvania accepts, as it must, its burden of showing that the district court’s determination was “clearly erroneous”. Rule 52(a) Fed.R. Civ.Proc.

A. Section 112

The relevant portion of 35 U.S.C. § 112 reads as follows:

“The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to [724]*724enable any person skilled in the art to which it pertains * * * to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention * * *

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415 F.2d 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbia-broadcasting-system-v-sylvania-electric-products-inc-ca1-1969.