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AFFIDAVITS-Continued.

on motions to dissolve preliminary injunctions, 694.
on petitions for leave to file bills of review, 652.

on petitions for rehearings, 647.

AFFIRMATION

made instead of oath, 124.

AGENTS

as defendants in actions for infringement, 403.

AGGREGATION

distinguished from combination, 32.

AMENDMENTS

of applications for patents, 135-139.
of bills in equity, 586, 587.

of declarations at law, 483.

of drawings and models, 138, 214.

ANSWERS

to bills of complaint, 588, 598-622.

to bills in the nature of supplemental bills, 631.

to supplemental bills, 631.

when used as affidavits, 662, 694.

ANTIQUITY OF PARTS

never negatives novelty of combinations, 66.

APPEALS

from examiners to board of examiners-in-chief, 132.

from board of examiners in-chief to Commissioner of Patents, 132.
from Commissioner to Supreme Court of District of Columbia, 132–
134, 144.

to Supreme Court of the United States, from circuit courts, 144, 209,
644, 654, 655, 691, 703.

APPLICATIONS

actual abandonment of, 145.

amendments of, 135-139.

Commissioner's decisions upon, 148.

constructive abandonment of, 146.
dates of, 129.

elements of, 109.

examination of, 130.

fees due upon filing, 125.

for letters patent, 109.

for Patent Office extensions, 261, 266.

for reissues, 212-214, 250.

how stated in declarations and bills, 427, 579.

may fix dates of inventions, 59, 69.

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of rights of action for past infringements, 277, 281.

pendente lite, 699.

recording of, 281.

reformation of, 278, 279.

ASSUMPSIT

actions of, 418-420.

ATTACHMENTS FOR CONTEMPT

when issued, and against whom, 708.

BALDWIN, JUSTICE,

opinion on rights of persons to use a patented process, who used it
with the consent of the inventor before the patent, 159.

BANKRUPTCY

conveying title to patent rights, 290.

BARR, JUDGE,

opinion on construction of the national statute of limitation, 475.

BEAUTY

has a utility of its own, 22, 80.

BENEDICT, JUDGE,

opinion on a question of utility, 78.

INDEX.

719

BILLS IN EQUITY,

amendments of, 586, 587.

answers to, 588.

defences to, 591.

for preliminary injunctions, 660.
interrogating part of, 581.

introductory part of, 578.

oaths to, 584.

original, 576.

pleas to, 589, 590.

prayer for process in, 582.

prayer for relief in, 580.

signature of counsel to, 583.

stating part of, 579.

to compel issue of letters patent, 134, 144.

to perpetuate testimony, 585.

to restrain publications of statements about patent controversies, 585.
when may be composite, 629.

when may be used as affidavits, 662.

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BILLS IN THE NATURE OF SUPPLEMENTAL BILLS,

leave of court necessary to filing, 630.

required, when, 626.

subordinate to original bills, 624.

BILLS OF REVIEW,

by whom filed, 653.

filed subsequent to appeal, 652.

sorts of, 650.

to correct errors apparent on the record or pleadings, 651.

to introduce newly discovered evidence, 652.

when proper, 650.

BILLS OF REVIVOR,

by whom filed, 628.

proceedings upon, 627.

subordinate to original bills, 624.

when required, 627.

BILLS OF REVIVOR AND SUPPLEMENT,

when required, 629.

BILLS OF EXCEPTIONS,

nature and function of, 551, 552.

what must contain, and what exclude, 551, 552.
when to be prepared and signed, 554.

where cases are tried by judge without jury, 540.

BLATCHFORD, JUSTICE,

opinion on element of age in equivalents, 355, 357.

opinion on decrees, where a disclaimer is found necessary, 209.
opinion on disclaimers, 199.

opinion on injunctions in interference actions, 319.

opinion on interest on profits, 737.

opinion on invention, 37.

opinion on respective rights of patentees and others, 160.

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required from complainants on issuing preliminary injunctions, 688,
696.

required from defendants in place of preliminary injunctions, 685–
687.

required from defendants, where permanent injunctions are postponed

till final decrees, 702.

required from defendants, where permanent injunctions are suspended
pending appeals, 703.

BRADLEY, JUSTICE,

dissenting opinion in Hartell v. Tilghman, 388.

opinion on description in specification, 174.

opinion on force of the Commissioner's decision in reissue cases,
opinion on indistinct claims, 455.

223.

opinion on invention, 25, 26.

opinion on jurisdiction of circuit courts of actions against government
officers, 393.

opinion on jurisdiction of the court of claims, of actions against the
government for infringement, 392.

BROADENED REISSUES,

when too late to apply for, 226, 227.

BROWN, HENRY B., JUDGE,

opinion on narrowed reissues, 228.

BURDEN OF PROOF

on questions of abandonment, 108.

on questions of invention, 42.

on questions of novelty, 76.

on questions of profits, 719.

on questions of delay in applying for reissues, 523.
on questions of utility, 85.

on questions of intention in qui tam cases, 327.

BUTLER, JUDGE,

opinion of, on reissues to clarify descriptions, 228.

CADWALLADer, Judge,

opinion on decree, where a disclaimer is found necessary, 209.

CAMPBELL, JUSTICE,

opinion on attempts to disguise legal liability, 414.

CARPENTER, JUDGE,

opinion on jurisdiction of Federal Courts, 388.

CAUSES OF ACTION,

when plurality of are suable in one action, 417.
CAVEATS,

their nature and functions, 143.

CAVEAT EMPTOR,

application of the maxim, 286.

CERTIFICATE OF DIVISION OF OPINION,
function and operation of, 657.

CITIES,

as defendants in infringement suits, 401.

CITIZENSHIP

stated in declarations and bills, 422, 423, 426, 579.

CLAIMS,

compound, in respect of disclaimers, 199.

construed in the light of the state of the art, 184.
defective, 218.

excessive, 216.

for combinations, 198.

for single devices, in reissues, 246.

function of, 176.

functional in form, 183.

how written, 116.

indistinct, 177.

indistinctness of, how affecting letters patent, 178.

indistinctness of, how pleaded in actions at law, 455.

indistinctness of, how pleaded in actions in equity, 608.
indistinctness of, how proved, 520.

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