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lLutitY N. Marvin, Direct Examination. 227
inventor of the film," didn't you? A. Yes, we sent around 1 such statements.
Q. But today, now that you have come in under the Patents Company, you claim that that Patent No. 12,192 covers all films, all positive motion picture films, is that right? A. I think you are confusing the matter, Mr. Grosvenor, by that quotation. I explained before that that quotation in heavy type I understood at the time to mean, and understand now to mean, that Mr. Edison was not the inventor of the raw stock, the base upon which the motion pictures are printed, but I do claim now that Mr. Edison was the inventor of the motion picture strip. The strip of film with the motion pictures printed upon it, which is distinct from the raw film stock.
Q. Mr. Marvin, when you sent that circular around, were you talking about the raw film or the photographic film, the film with the pictures on it? A. We were talking about either —
Q. (Interrupting.) You were not talking about either — A. (Interrupting.) That was a quotation from a decision of the Court which we were quoting for the information of the people.
Q. I say, does this circular have relation to the raw film manufactured by Eastman, or does it not have relation to the film with pictures on it which you were distributing in the trade? A. You mean the quotation from the decision of the Court?
Q. No, this pamphlet? A. Well, that pamphlet has reference to the general patent situation. We desired the public to believe that the situation was just as favorable to the Biograph Company as was possible. It was commercially necessary for us to encourage the people to believe that, and we took the most hopeful view of the situation we could, as is customary in cases of that kind. If the Edison Company had issued a circular, they would probably have been equally hopeful the other way.
Q. And you think your position today is perfectly in accord with your position when yon sent this circular around? A. No, I would not say that. It is very different. Then we were fighting the patent, and now we own it. Then, we were belittling it, now we are making the most of it.
Q, This is the patent that has been held bad since? A. I believe there has been a decision in the District of Columbia