In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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174 Opinion on Keissue 12,037. lated as to other parts that there will always be a loop of slack film between said rollers and the film slide. In consequence the film cannot be advanced by any revolution of these rollers, as was the case with the biograph camera. The film as it comes from the delivery roll has a row of holes along each edge. When it is in the film slide, these holes are engaged by means of a reciprocating two-tined fork, carrying small studs or pins which pass into the holes on the opposite edges of the film, in the same way as the sprockets pass into the holes in complainant's machine. As these studs or pins are inserted on the down stroke of the fork, and withdrawn on the up stroke, the film is intermittently fed across the field of the lens. These pins or studs do not hold back the film against any forward pull, because there is no forward pull to be resisted, neither an intentional forward pull as found in the biograph, nor an accidental or occasional forward pull when the film is taut between the film slide and take-up roll as found in the camera of the patent. When the pins are withdrawn, the film lies, inert, in the film slide. But the "intermediate section'' is moved across the lens just by the interlocking engagement between a sprocket or pin and a hole in the film, thereby moving it positively, regularly, evenly, and very rapidly without jarring, jerking, or slipping; the parts being arranged so that the movement shall be intermittent. In our opinion the bifurcated fork with studs is the fair equivalent of the wheel with sprockets and the combination shown in the Warwick camera is an infringement of claims 1, 2 and 3 of the reissued patent. Claim 4 of the reissue is identical with claim 4 of the original and differs from claim 3 of the original only by the insertion of the words, "the periods of rest being greater than the periods of motion." It is obnoxious to the criticisms expressed as to original claim 3 in our former opinion and for reasons therein expressed must be held void. The decree of the Circuit Court is reversed, without costs of this appeal to either party, and the cause remanded, with instructions to enter a decree in accordance with this opinion.