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Opinion on Reissue 12,037. 107
tion, by which the capacity of the reels and moving devices are augmented and adapted to carry the film of the patent rapidly and properly."
Upon the record in that cause, however, we held that the "prior art did not disclose the specific type of apparatus which is described in his patent. His apparatus is capable of using a single sensitized and flexible film of great length with a single lens camera, and of producing an indefinite number of negatives on such a film with a rapidity theretofore unknown." The case was therefore an appropriate one for reissue under section 4916, Rev. St. U. S. [U. S. Comp. St. 1901, p. 3393], since there is no suggestion of any fraudulent or deceptive intention in claiming more than the patentee was found to be entitled to. Upon reissue with claims restricted to the specific type of apparatus described in the patent, the question would be presented whether those claims as thus restricted were properly allowed in view of the state of the art and whether defendant's device infringed them.
The specific type of apparatus shown in the patent was thus described in our former opinion :
"It is inclosed in a box-like casing from which light will be excluded, except through the lens, and which embraces an ordinary adjustable camera having the lens end mounted in the side of the box. Two reels, inclosed in suitable cases, are located on opposite sides of the camera lens. The film is drawn from one of the reels on to the other across the lens. It is transparent or translucent and tape-like in form, and is preferably of sufficient width to admit the taking of pictures one inch in diameter between the rows of holes on its edges. These holes are for engagement with the feed wheels for positively advancing the film. When the film is narrow, it is not essential to use two rows of perforations and two feed wheels ; one of such rows and one feed wheel being sufficient. The two feed wheels are carried by a shaft and engage the film on one side of the camera opening. The power is supplied by an electric motor which drives a rotating shaft carrying the feed wheels through a pulley held in frictional engagement with the feed-wheel shaft. The take-up reel, or the reel which receives the tape after passing the lens, is also driven from the motor