Fairchild Camera & Instrument Corp. v. United States

DISSENTING OPINION

Ford, Judge:

This court in the case of Westinghouse Electric International Co. v. United States, 28 Cust. Ct. 209, C.D. 1411, had before it for consideration an item known as a Helm Photofluorographic Camera. The witness in the incorporated case, Fairchild Camera & Instrument Corp. et al. v. United States, 46 Cust. Ct. 518, Abstract 65745, stated there was basically no difference between the so-called instant camera and the Helm camera. In the course of its decision, the court in the Westinghouse case, supra, found the Helm camera to be part of the X-ray apparatus and made…