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

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This is the same phraseology as was used in 12192. The latter sentence of the quotation! just given, however, was changed in 12038 so as to read as follows : The film is treated for developing and fixing the pictures when positive prints therefrom (Fig. VI) can be used in an exhibiting apparatus. No. 12038 was issued July 15, 1902. It was subsequently abandoned by the Edison Company and 12192 issued on January 12, 1904. In 12192 the claimant returned to the language of 589168 by striking out from 12038 the clause " when positive prints therefrom (Fig. VI)." The above examination of the phraseology employed in the several letters patent demonstrates beyond question that 12192 describes the negative film alone and can not by any possibility be construed as constituting a claim on the positive print which is made from the negative. XII. Cases dealing with relation of patent laws and the Sherman Act not discussed in onr main brief although there cited, pages 21-22. (1) Judge Hollister's opinion in the Cash Register case — United States v. Patterson, 205 Fed., 292. This opinion was rendered on a decision on the admissibility of certain evidence. The ques