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)

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Opinion on Reissue 12,192. 183 material, and did not regard the film as part of his invention; he looked to the people who made it for that. It seems also that while his original application was filed August 24, 1891, the claims for the film were not made until December 28, 1896, in an amendment filed that day. The conversion of this negative film strip into a positive for use in an exhibiting apparatus was effected by one of the familiar processes of the photographic art. The invention of Edison was exhausted in the construction of the camera which enabled the photographs of moving objects to be taken upon the Eastman film in the distinct, uniform and satisfactory manner justly claimed for them. The pictures are the direct result of the mechanism of the camera with the Eastman film mechanically adapted to, and applied therein. In our opinion, Claim 2 of reissue patent No. 12,192 is unpatentable and void; and the decree must be reversed with costs, and the cause remanded with direction to dismiss the bill. Reversed. Seth Shepard, Chief Justice. (Endorsed:) No. 2100. Chicago Film Exchange, Appellant, v. Motion Picture Patents Company. Opinion of the Court per Mr. Chief Justice Shepard. Court of Appeals, District of Columbia. Filed Dec. 2, 1912. Henry W. Hodges, Clerk. A true copy Attest : [Seal.]| Henry W. Hodges, Clerk of the Court of Appeals of the District of Columbia. By Mr. Grosvenor: Q. Mr. Marvin, referring to the Pross patent. How many years lias the Biograph Company owned the Pross patent? A. From the time of its issue down to the time of its assignment to the Motion Picture Patents Company.