United States of America v. Motion Picture Patents Company and others (1914)

Record Details:

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56 ably treated for developing and fixing the pictures, when IT is ready for use in an exhibiting apparatus. On the other hand, the language in 12037 reads as follows (line 118, defendants' Exhibit 185, p. 3326) : When the movement of the object being photographed has ceased or the desired number of photographs has been obtained, the apparatus is stopped. The film is suitably treated for developing and fixing the pictures, when positive prints therefrom can be used in an exhibiting apparatus. The elimination of the clause " when positive prints therefrom " from patent 12192 shows that the drawer of specifications 12192 had in mind the projection of pictures of the negative, whereas in 12037 he had in mind the projection of the positive. Therefore, it is evident that 12192 applies to negatives alone. At no place in 12192 is there any reference to the positive print. The description is only of the negative film. There was a demonstration during the argument of the exhibition of the negative, and it was shown to the court that an exhibition may be given by the use of negative films. Accordingly, we maintain that the proper construction of Letters Patent 12192 is that it applies only to the negative and has no reference to the positive. If this be the correct construction of the