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 (1914)

Record Details:

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Gov't Ex. 277, Decision ox Latham Fatext. 3411 would know enough to do this. It was simply applying it to a different, though analogous use. It has been assumed through all stages of this litigation that a camera could he used as a projector and vice versa. Thus the Court of Appeals of the District of Columbia says : "A picture-taking camera, like many of those heretofore referred to as patented, could undoubtedly l>e utilized as an apparatus for exhibiting pictures also, by substituting a picture film in the carrying device and then applying the apparatus of the magic lantern." The District Judge also says that claims 7 and 9, as originally filed, "are equally applicable to a camera as to a projecting machine/' I have thus far proceeded upon the hypothesis that Latham was the first to make the invention which is the subject of the claims in controversy. The invention consists of a film-feeding mechanism operated by continuously rotating sprockets, a loop being produced and maintained in the slack film. Also a sprocket, rotating intermittently, which feeds the slack loop across the optical axis section by section. It is described in the specification as consisting in employing "means for bringing each picture to rest at the moment of projection, means for reducing the strain the picture-film would otherwise suffer from the rapid interruption and renewal of its movement, and means for maintaining uniformity of movement of the film as it unwinds from the delivering reel, and as it winds upon the receiving reel." The invention introduced a decided improvement to the art and one which can be used with equal advantage in a projector and a camera. If it were a new and useful improvement as to one, it was equally so as to the other. Bearing in mind that the invention with which we are concerned consists of the apparatus which produces this intermittent movement of the film across the exposure opening, I am unable to find any proof in the record which anticipates. Latham's application was filed .Tune 1, 1896. His invention was made on or prior to February 20, 1895, and