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PABT V.
States has repeatedly held that where the direct and necessary effect of a combination is to restrain trade, the presence or absence of an intent to restrain trade can not alter the result.
There is a shari) division of opinion between the petitioner and the defendants as to whether or not the positive film is a patented article. This, however, is not a controversy of fact, but a question of law involving the construction of the film reissue patent No. 12192. This question does not concern the validity of that patent, but relates solely to the construction of the letters patent.
There is a controversy between the parties in regard to the importance in the motion-picture art of the patents transferred to the Patents Co. The answer of the Patents Co. sets out that the patents conveyed to the Patents Co. dominate the entire art ; that is to say, that no invention of importance was ever made in the art other than that contained in the inventions of the patents conveyed. This we deny. A brief examination of the history of the motion-picture art, as set out in Government Exhibits No. 268, Motion Pictures: How They are Made and Worked," and No. 270, Romance of Modern Photography " (VI, 3330, 3337), leads inevitably to the conclusion that the motion-]:)icture art is built upon the art of photograi)hy, and that the marvelous development which has been bronglit about in photography in the last 50 years lias made possible the motion-picture art. Wliih^ several of