CLAIMS Continued. in specifications of compositions of matter, 119. in specifications of designs, 120o. in specifications of machines, 117. in specifications of manufactures, 118. in specifications of processes, 120. insufficient, 218. valid and void, in same letters patent or reissue, 177, 249. CLIFFORD, JUSTICE, opinion on element of age in equivalents, 354, 356. opinion on force of Commissioner's decision in reissue cases, 222. COLT, JUDGE, opinion on jurisdiction of equity, 593. COMBINATION, claim for, not to be broadened by construction, 186. distinguished from aggregation, 32. every part of, conclusively presumed to be material, 349. of old devices, having old mode of operation, 37. COMITY between courts on questions of fact, 635. COMMISSIONER OF PATENTS, appeals to, from board of examiners-in-chief, 132. appeals from, to Supreme Court of District of Columbia, 132. erroneous decision of, when remedied by reissue, 220. force of decision of, in application cases, 148. force of decision of, in extension cases, 266. force of decision of, in interference cases, 142, 318. COMMON LAW confers no paramount right in inventions, 149. exceptions of, to master's report, 749. COMPOSITIONS OF MATTER, claims in specifications of, 119. distinguishable from manufactures, 19. patents for, how infringed, 369. prerequisites of patentability of, 18. specimens of, 128. subjects of patents, 1. the various classes of, in respect of infringement, 374. COMPROMISE money paid in, no criterion of damages, 559. CONFORMITY ACT, Federal, relevant to practice, 421. CONGRESS, power of, to promote progress of science and useful arts, 1 partial or total failure to pay, for assignment, 276. CONSTITUTION OF THE UNITED STATES, foundation of United States patents, 1,150. CONSTRUCTION of assignments, 278. of claims, functional, 183. of claims in the light of the state of the art, 184. of claims narrowly, when necessary to save their validity, 185. of letters patent according to contemporaneous laws, 188. of letters patent after disclaimer, 207. of letters patent in light of contemporaneous construction of the in- of letters patent in the light of expert testimony, 189, 500. of letters patent on motions for preliminary injunctions, 676. of letters patent with proper liberality, 185. of letters patent with proper strictness, 186. of licenses, 306. of reissues, 248. of title papers on motions for preliminary injunctions, 675. CONTEMPT OF COURT, how punished, 710. CONTRIBUTION between joint infringers, 531. CORPORATIONS as defendants in patent cases, 401, 409. assignments of patents to, 275. consolidated, as defendants, 416. consolidated, succeeding to patent rights of their constituents, 285. how mentioned in declarations and bills, 422, 578. where suable for infringements of patents, 389. COSTS in cases of disclaimer, 205, 208. in cases of new trials, 539. in favor of whom recoverable, 543, 545. may include what, 544-549. on amendment of bills, 586. taxed how, 544-549. where equity refuses to take jurisdiction, 594. COUNTIES, as defendants in infringement suits, 401. COURTS, circuit, bills in, to compel issue of letters patent, 134. circuit, jurisdiction of, over patent actions against government agents, 393. circuit, titles of, 422. comity between, on questions of fact, 635. having original jurisdiction in actions for infringement, 379. having jurisdiction in qui tam actions, 331. having jurisdiction to grant injunctions, 658. having jurisdiction to repeal patents, 323. titles of, in bills of complaint, 577. COURT OF CLAIMS, jurisdiction of, in certain patent cases, 391, 392. CREDITORS' BILLS, patent rights subject to, 156. titles transferred by, 289. CROSS APPEALS to Supreme Court, 655. CROSS BILLS not required in interference actions, 316. CURTIS, JUSTICE, opinion on invention, 33. opinion on mode of operation, 346. DAMAGES accruing before surrender and reissue, 231. actual, not lessened by ignorance of patent, 569. decrees for, 573. evidences of, 502, 565, 636. excessive assessment of, how remedied, 539. exemplary, 567. for infringement by making, 564. generic measure of, 555. how stated in declarations, 436. include no counsel fees or other expenses of litigation, 570. DAMAGES - Continued. increased, 568. interest on, 571. jurisdiction of equity, to assess, 573. measures of, 555–563. no measure of profits, 716. not measured by what, 559, 560. remote consequential, 566. resulting to defendants from improper injunctions, 696. when measured by royalties, 562. DANIEL, JUSTICE, DATES, opinion on patents, 153. of applications, how proved, 129. of invention, the only issue in interference actions, 317. of patented inventions, how fixed and how proved, 60, 69, 70, 510. DECLARATIONS, commencement of, 422. conclusion of, 437. degree of correctness required in, 438. in trespass on the case, 422–438. statement of right of action in, 423-436. title of court in, 422. title of term in, 422. venue in, 422. when demurrable in patent actions, 483. DECREES, action of Supreme Court upon, 656. appeals from, 654. by consent of defendants when injunction is based on, 709. parties, 672. final, when entered, 649. for pecuniary recoveries, 573. how assailable in the Supreme Court, 655. in interference actions, 320. interlocutory, 644. interlocutory, not pleadable as res judicata, 468. interlocutory, when including orders for permanent injunctions, 697. pro confesso, pleadable as res judicata, 468. pro confesso, when foundation of right to preliminary injunctions, 671. DEFECTIVE, meaning of the word, in the law of reissues, 217. DEFENCES based on expiration of patent, 441. based on omission to mark "patented," 441. based on repeal of patent, 441. in respect of their classification, 441. in respect of special pleading, 442. laches, how set up, 597. the twenty-seven, 440, 591. those pleadable by the general issue, with notice of special matter, 443. to bills in equity, 588. to bills in the nature of supplemental bills, 631. to motions for preliminary injunctions, 677-684. where licensee is sued as infringer, 309. which assail extensions, 441. which assail reissues, 441. which deny validity, 441. DEFENDANTS, costs recoverable by, 543. evidence in chief, 503-534. doings of, how proved by plaintiffs, 497. in actions at law, 401-416. in actions in equity, 401-416, 575. in patent actions generally, 401–416. where suable for infringement, 389, 390. DEMURRERS IN ACTIONS AT LAW, joinder in, 486. to declarations, 482, 483. to pleas, 482, 484. to replications, 482, 485. to rejoinders, 482. DEMURRERS IN ACTIONS IN EQUITY setting up laches, 597. setting up non-jurisdiction of equity, 594. sustaining to bills, 649. take precedence of motions for preliminary injunctions, 663. to bills in the nature of supplemental bills, 631. to supplemental bills, 631. |