Brief for the United States (1914)

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92 PART VII. sustained by the courts in any decision. In the only opinion that has been rendered its invalidity was declared in the strongest language possible. See Chief Justice Shepard's opinion. (I, 175.) We quote below some extracts from the opinions referred to. (1) From Judge Wallace's opinion in the Circuit Court of Appeals, Second Circuit (114 Fed., 926 ; 1, 151), relating to patent No. 589168, of whioh Nos. 12037 and 12192 are reissues: (1, 155, fol. 4.) The patent in suit pertains merely to that branch of the art which consists of the production of suitable negatives. ^ * ^ It is obvious that Mr. Edison was not a pioneer, in the large sense of the term, or in the more limited sense in which he would have been if he had also invented the film. He was not the inventor of the film. He was not the first inventor of apparatus capable of producing stdtable negatives, taken from practically a single point of view, in single-line sequence, upon a film like his, and embodying the same general means of rotating drums and shutters for bringing the sensitized surface across the lens and exposing successive portions of it in rapid succession. Du Cos anticipated him in this, notwithstanding he did not use the film. Neither was he the first inventor of apparatus capable of producing suitable negativesy and embodying means for passing a sensitized surface across a single-lens cam