Brief for the United States (1914)

Record Details:

Title:
Brief for the United States
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office. Office of the Public Printer
Volume:
Brief for the United States
Leaf #:
000105
Language:
English
Collection:
Books and Government & Law
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
{"Media History Digital Library","Richard Koszarski",Domitor}
Coordinator:
Media History Digital Library
Description:
Date Added:
June 06, 2024
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I'Airi VII. 93 era at a liiiih I'alc of speed and with an intermittent nxHion, and for e\i)(>sini; siieeessivc^ portions of the sui-l'accs dnrin;^; the pej-iod ot* rest. His chiiin for sueh an apparatus was rejected by the Patent Ol'iiee and he aeqiiieseed in its rejection. He was anticipated in this by Alarey, and Mai-ey also anticipated him in ph()toji;ra[)lnng successive positions ot* the object in niotioti fi'om tlie same [)c)int of view. * * •)(■ # * Undoubtedly Mr. Edison, by utilizing this fihn and perfecting the first apparatus for using it, met all the conditions necessary for commercial success. This, however, did not entitle hitUy under the patent laws, to a monopoJfj of all camera apparatus capable of utilizing the film. Nor did it entitle him to a monopoly of all apparatus employing a single camera. ^ * * The fifth claim of the patent is obviously an attempt by the patentee to obtain a monopoly of the product of the apparatus described in the patent, so that in the event it should turn out that his api^aratus was not patentable, or the product could be made by apparatus not infringing his, he could nevertheless enjoy the exclusive right of making it. A claim for an article of manufacture is not invalid merely because the article is the product of a machine, whether the machine is patented or unpatented: but it is invalid unless the article is new in a patentable sense — that is, imless its original conception