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

at letters patent, it becomes manifest that the Bath Tub decision is on all fours with this case. In the production of the positive the negative film is used, just as in the manufacture of enamel ware the so-called Arrott dredger is used. An examination of the patent 589168 and reissue 12038 leads to the same conclusion. Letters Patent 589168 and reissued letters patent 12038 do not appear in the record as exhibits. The first of these two patents was, as has been elsewhere stated, the original patent upon which Judge Wallace's opinion was rendered; the six claims under that patent were subsequently reissued, four camera claims as 12037 and the two claims on the film as 12192. The latter number, however, 12192, was the second reissue of the film claims, the first reissue being 12038, which was contemporaneous with 12037. It is a significant fact that the clause which we have quoted above from 12037 was inserted in 12038 and stricken out of the reissue 12192. The wording of the clause in 589168 was as follows : 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 it is ready for use in an exhibiting apparatus.