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:J. The /Khsifirc (i/m is a of a /nih nhd (irlic/c.
No p;it(Mit (M>\('rs the positixc liliii. Assuiniii^ (n'j/iU'n<h> the cniilcnt i(Ui of (Icrcnd.-iiits tli;it roissuo No. 12192 is a xalid i)at('iit, it docs not follow that tlic ])ositi\'(' lilin is inchidcd w itiiiii the tci'iiis of that patent. 'V\\r positixc film is an nn|)at('nt('d ailirlc. It may he copyi'iu^htcd (laws 1912, cli. :)'■)(>: iiT Stat., p]). 488, 489) and receive tlie protection ^iven by the coi)yriiilit law. Reissue Xo. 12192 applies only to the negative tilm from which the positive — a distinct and separate ai*ticle — is produced by the nsnal photot^raphic processes. See Chapter VIII entitled
Developing and printing the pictures," pages 7687 in F. A. Talbot's work " Motion Pictures: How They are made and Worked. ' ' ( Go^i;. Ex. 268, VI, 3330.)
Letters patent Xo. 12192, appears in the record as Defendants' Exhibit 187, VI, 3326 et seq. There is not a reference therein to the positive tilm. Manifestly, the patent applies only to the object described in the letters patent, to wit, the film which is subsequently developed as the negative film, and whose movement in and through the camera is described in the letters patent. By what principle may letters patent be construed to cover an object physically separate and distinct from the object which is described in the patent as the patented article?
The motion-picture art is, aside from its mechanical features, the art of photography pure and simple. (Carlton, II, 772, fol. 3.)