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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180 Opinion on Reissue 12,192. this special film was made extremely sensitive so that the smallest amount of light would produce great results, and we, at first, did not get them very sensitive, but they, by working on them, made them extremely sensitive, so that with the small amount of light we had, they were quite satisfactory after they had experimented on them." W. K. L. Dickson, who was the principal assistant of Edison in perfecting his apparatus, as a witness for plaintiff, said that after constructing the apparatus using the heavy thick celluloid material of Carbutt with the toothed edge for feeding, he interviewed George Eastman of Rochester who was working to produce long sheets of films for his spool camera, and told him of the great importance of producing such a film. After receiving a sample of this new film, witness showed it to Edison, who jumped out of his seat and said: "We have got it. Now work like ." Later, longer strips of this film were procured from Eastman. Owing to some imperfections in the emulsion, the film did not give complete satisfaction and Eastman labored to overcome the defects, finally succeeding. Passing by the discussion relating to the reissue and the limitations claimed to have been placed upon the claim by the proceedings in the Patent Office, we come to the question whether Edison was the inventor in the sense of the patent law of the article of manufacture described in claim 2 of the reissue patent No. 12192 : "A manufacture is an entity distinct from the substances of which it is composed, and from the instruments or art by which it is produced.' 1 Robinson, Pat. Sec. 184. "Articles of manufacture may be new in the commercial sense, when they are not new in the sense of the patent law. New articles of commerce are not patentable as new manufactures, unless it appears in a given case that the production of the new article involved the exercise of invention or discovery beyond what was necessary to construct the apparatus for its manufacture or production. Nothing short of invention or discovery will support a patent for a manufacture any more than for an art, machine or composition of matter." Collar Co. v. Van Dusen, 23 Wall., 530-563. "A patentable invention is a mental result. It must be new and shown to be of pa ten table utility. Everything within the dominion of the conception belongs to him who conceived it. The