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I'AKI VIL
( 'liict' J list i CO She] );n'(rs (►|Mninii is iin;i iiswcrahlc on t he (jiicsl inn nf t he \ ;i I idit y < d' rcissnc No. lU, Hrj. 'riicrc is no derision 1(> tlir conti'iiry. I>iit even if duid' dnslicc Sli('j);ii'd erred in lioldinu' tliiit llie puteni on the nei^'nl ive is inwdid, nnd e\'en it' we eoncede Tor the |)Ur|)(Kses (d' this ease that it is a \'alid patent, it does not follow that \ve nuist concede that the positive tilm — a distinct and difl'ei'cnt object — is also covered ])v the patent on the negative in the sense that the positive film becomes a patented article. The question of the construction of the letters patent is a question apart from the question of its validity. Obviously, a holding that No. 12,192 does not apply to positives, is not a decision that No. 12,192 is an invalid patent. Such a decision construes the extent of the patent and not its validity.
4. For ijcars prior to 1.908 no one had regarded the fdni pateiit with seriousness; everyone had made and sold films freely.
Thomas Arniat, of the Armat Co., a witness for the defendants, testified, on cross-examination by counsel for the Government, that his company had displayed positive films for 10 years prior to the formation of the Patents Co. (lY, 2183, fol. 3), and that no suit on the film patent had ever hocu brought against it.
J. A. Berst, of Pathe Freres, testified that he sold positive motion-picture films imported into this country from 1904. (Ill, 1762, fol. 1-1763, fol. 2.) He was sued by Edison on the film patent Novem