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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Kleine's Answer. 917 the said alleged invention thereof by the said Edison, involve or require invention; that in view of the state of the art as it existed at the time it did not require the exercise of inventive faculty to devise and produce the devices described and claimed in said reissued letters patent, but merely the exercise of mechanical skill; and that the said reissued letters patent did not produce any new and useful result not already known to others and already in common use by others skilled in the art of photographing and reproducing representations of objects in motion. XVIII. This defendant, further answering on information and belief, says that the reissued letters patent here in suit are invalid for the reason that the same were unduly, unlawfully and fraudulently expanded and broadened during the proceedings in the Patent Office for the said reissue, the said Thomas A. Edison claiming in said reissued letters patent more than he was entitled to claim, and claiming an invention which was not included in the said original letters patent, the said reissued letters patent being unlawfully and unduly expanded and broadened during the said proceedings in the Patent Office with the object of covering improvements made by others subsequent to the date of the application for the said original letters patent and developments of the art subsequent to the date of the application for the said original letters patent. XIX. This defendant, further answering on information and belief, says that for the purpose of deceiving the public the description and specification filed by the said Edison in the Patent Office in connection with his said application for the reissued letters patent in suit was made to contain less than the whole truth relative to his alleged invention or discovery, and also for the same purpose the said application described and claimed an article of which the said Edison was not the first, original and sole inventor, and that the said reissued letters patent are therefore null and void. XX. And now this defendant, having fully answered all in singular those portions of the bill of complaint that 1 2