The Moving Picture World (1907)

THE MOVING PICTURE WORLD. ■r 23 :re is the possibility of "slip"; and it might be expected that : likelihood of such action would be increased by the extremely ;h speed at which these machines are run, giving 20 or more posures per second. This, moreover, is not a matter of con- :ture; there is positive proof. Marvin, who has had large ex- igence in operating defendant's machines, testified: "Negatives, to my knowledge, are never exhibited in public order to exhibit a picture it is necessary to print positive repro- ctions. The apparatus in which such positive reproductions e printed can readily be arranged so that the pictures upon e positive strip of film are uniformly spaced, although the ;tures upon the negative strip may be very unevenly spaced. ; a matter of fact, none of the cameras of our company produce iformly-spaced negatives. In the manufacture of-our muto- ope pictures the positive pictures are printed upon bromide pa- r and the paper is cut up so that each piece of paper carries 1 independent picture." It is solely to facilitate this operation that the punches are ought into the combination. The film has no holes along its ges as it leaves the supply-reel; they are punched in only at e moment of exposure. The stipulated description reads: Secured to the rock shaft n* are two punch arms n at the outer ds of which are mounted punches n*. * * * The film B perforated in its passage between said tension leaf and back ate by means of the punches n* * * * The film is gripped the tension leaf momentarily to permit exposure. During this ipping interval the punch « is actuated to perforate the film iposite each exposed portion and at or adjacent to each of the m." The use of the perforations as an aid to correcting the results imperfect spacing is shown in the testimony of Johnson, perintendent of defendant's photographic department: "The feed in the biograph camera is by friction rollers, and e feed is tolerably regular so long as the film is of one thick- :ss and so long 1 as all the adjustments on the machine are pt in first-rate condition. As a matter of fact, however, the m varies very considerably in thickness, and the feed is by 1 means regular, varying from three-sixteenths to five-sixteenths an inch in some cases. The normal proper feed is one-quarter an inch. It would not be possible to exhibit properly a posi- :e fac-simile of the negative film which our company's 3iograph) camera produces. "Q.21. Please explain how defendant company prepares the ms and prints from these negatives which are used in the thibiting machines? * "A. The camera is provided with a pair of punches and dies, hich are brought into operation and perforate the film during e period of exposure. The perforations are situated in a ank space underneath the picture proper and always bear a ced relation to the picture itself, so that these holes being ted over dowel pins in our printing machine, enable us to int a picture which shall be perfect in register with every her picture, irrespective of the spacing in the negative film. * * The spacing of the pictures on the positive film made ■ our company is such that the scenes which the photographs present will not be properly produced by simply passing the m through the Biograph." Because of these differences in parts, in action and in result, e are of the opinion that the defendant's Biograph camera is >t the type of apparatus described and shown in the original id re-issued patent. The language, even of the re-issued claims, msidered by itself and giving no force to the words "substan- illy as set forth," may be broad enough to cover it, but that is )t sufficient. "Infringement should not be determined by a ere decision that the terms of a claim of a valid patent are iplicable to the defendant's device. Two things are not pre- sely similar because the same words are applicable to each, he question of infringement involves consideration of practical ility and of substantial identity, and therefore must be quanti- tive as well as qualitative." Goodyear Shoe Mach. Co. v. >alding, 101 F. R. 990. We conclude, therefore, that defendant's iograph camera does not infringe claims I, 2 or 3 of the c-issue. The other apparatus used by defendant, viz., the Warwtck mera, has a different mode of operation. The engaging rollers, hich advance the film after it has passed the film-slide or guide here exposure is made and which deliver it to the take-up reel e located about half way between the take-up reel and the m-slide, and their movement is so regulated as to other parts at there will alwavs be a loop of slack film between said rollers 1 the film-slide. In consequence the. film cannot be advanced ' any revolution of these rollers, as was the case with the iograph camera. The film as it comes from the delivery roll is a row of holes along each edge; when it is in the film-slide ese holes are engaged by means of a reciprocating two-tmcd »rk, carrying small studs or pins which pass into the holes - on the opposite edges of the' film, in the same way as the sprockets passjnto the holes in complainant's machine. As these studs or pins are inserted on the down stroke of the fork and withdrawn on the up stroke, the film is intermittently fed across the field of the lens. These pins or studs do not hold back the film against any forward pull, because there is no forward pull to be resisted; neither an intentional forward pull as found in the Biograph, nor an accidental or occasional forward pull when the film is taut between the film-slide and take-up roll as found in the camera of the patent; when the pins are withdrawn the fiim lies, inert, in the film slide. But the "intermediate section" is moved across the lens just by the interlocking engagement between a sprocket or pin and a-hole in the film, thereby moving it positively, regularly, evenly and very rapidly without jarring, jerking or slipping—the parts being arranged so that the move- ment shall be intermittent. In our opinion the bifurcated fork with studs is the fair equivalent of the wheel with sprockets, and the combination shown in the Warwick camera is an infringe- ment of claims 1, 2 and 3 of the re-issued patent Claim 4 of the re-issue is identical with claim 4 of the original and differs from claim 3 of the original only by the insertion of the words "the periods of rest being greater than the periods of motion." It is obnoxious to the criticisms expressed as to original claim 3 in our former opinion, and for reasons therein expressed must be held void. The decree of the Circuit Court is reversed, without costs of this appeal to either party and the cause remanded with instruc- tions to enter a decree in accordance with this opinion. The Burtis annex in Water street, Auburn, is opened for the exhibition of moving pictures and vaudeville. It is proposed to give six performances a day and the ad- mission will be five cents. * * .* A new, company, to be called the Progressive Amuse- ment Company, of Dallas, has been formed, with a capi- tal stock of $10,000. The incorporators are L. A. Harris, Ike I." Lorca and B. Benno. * * * Arcadia Amusement Company, Arcadia, Los Angeles (Cal.), has been formed for the purpose of establishing a resort in which a large theater will be set aside for mov- ing pictures. Capital stock, $200,000. * * * Dwight Elmendorf gave the last of his illustrated lec- tures on travel at Carnegie Music Hall, Pittsburg, re- cently. His subject was "The Land of the Midnight Sun." The motion pictures were excellent one showing the sport of ski running being one of the most amusing ever seen by a Pittsburg audience. * * * It is announced that S. Z. Poli has purchased the St. Mary's church property on Church street, .New Haven, where is now located his Bijou Theater, paying about $130,000. It is centrally located and happens to be the ground on which Mr. Poli .made his first venture as the manager of a vaudeville theater fifteen years ago. * * * Rocky Glen, Scranton's first amusement park, has been sold to a New York and Boston syndicate. The consid- eration is not known, but is claimed by Mr. Frothingham to exceed $260,000. The new owners will take immediate possession and, it is claimed, will spend $50,000 in im- provements, this year. Mr. Frothingham gives ill-health as his reason for disposing of the property.