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Harry N. Marvin, Recross Examination. 3309
animation, and for the purpose of discrediting the witness' testimony on this point, and also these diagrams and the use of the term "Edison film" thereon, the question and answer of Mr. Edison in the case of Thomas A. Edison v. American Mutoscope Company, being the suit on the original Patent No. 589,168, a certain part of the record purporting to be a part of the cross examination of Thomas A. Edison, a witness in that suit, appearing at pages 119 and 120, as follows:
"Q176. You did not regard the film, then, as a thing of your invention? A. No, I did not regard the film as a part of my invention; no, sir. I looked to the people who made it for that."
Mr. Kixgsley: This record, Vol. I, at page 179, contains a further colloquy in the opinion of the Court of Appeals of the District of Columbia, dated December 2nd, 1912, and I call attention to the fact that the cross examination which petitioner's counsel wishes now to insert to the extent of two paragraphs, is set out at greater length at page 179, Volume I, of this record, in the opinion quoted, at pages 175 to 183 inclusive.
Mr. Grosvexor: I ask to have copied at this point, for convenience in examining the testimony of the witness, Petitioner's Exhibit No. 51, Volume 1, page 131.
Mr. Kixgsley : I object to encumbering the record any further by repetition of exhibits already in, already printed.
Mr. Grosvexor: I also ask to have copied here Petitioner's Exhibit No. 55, Volume 1, page 132.
Mr. Kixgsley : I object to it as surplusage, unnecessary labor and unnecessary repetition, the exhibits being already in evidence, and being set out in extenso in Volume 1, and I ask that the Petitioner refer to the exhibit by page number in the record already established.
At the request of counsel for the Petitioner. Petitioner's Exhibits Nos. 54 and 55 are reprinted at this point, as follows: