EXTENSIONS-Continued. assignability of inchoate right to Patent-Office extension, 273. ignment of, 280. constitutional foundation of, 255. congressional, 256. congressional, how effected, 257. congressional, whom for benefit of, 258. facts justifying Patent-Office extension, 267. fraud in procuring or granting Patent-Office extension, 269. lack of statutory application for Patent-Office extension, how pleaded lack of statutory application for Patent-Office extension, how pleaded lack of statutory application for Patent-Office extension, how proved, 525. Patent-Office extensions, 259. Patent-Office extensions, applications for, 261. Patent-Office extensions, certified how, 265. Patent-Office extensions, grantable when, 262, 264. Patent Office extensions, inventors' rights therein, 263. Patent-Office extensions, operation of, on existing specimens of the invention, 270, 271. Patent-Office extensions, proceeding on applications for, 268. Patent-Office extensions, repeal of, 269. Patent-Office extensions, statutory foundation of, 260. Patent-Office extensions, evidence of validity of, 493. opinion on force of commissioner's decision in reissue cases, 223. FIFTH AMENDMENT, to Constitution of United States, 151, 158. FINDING, of judge, when trying action at law without a jury, 540. FOR THE PURPOSES SET FORTH, nature of the phrase, 182. FOREIGN COUNTRY, knowledge or use in, prior to patentee's invention, 54. public use or sale in, more than two years prior to patentee's appli- FOREIGN PATENTS, mentioned in preamble to specification, 111. operation on novelty, 55. FORFEITURE, FORM, not favored in the law, 108. of licenses, 308, 309. as affecting questions of infringement, 363–368. as affecting questions of invention, 41. FRAUD, in granting or procuring letters patent, 321. in granting or procuring Patent-Office extensions, 269. in granting or procuring reissues, 222. remedy for, in granting or procuring letters patent, extensions, or re- FUNCTIONS, considered in respect of equivalents, 352. good, in wrong places, 84. not subjects of patents, 4. performed in "substantially the same way," 353. thought by some to be good, and by others to be evil, 83. which sometimes work good, and sometimes evil, 82. GOVERNMENT OF THE UNITED STATES, has no special rights to patented inventions, 157. GRANTS, of rights under letters patent, 287. operation of, extra territorially, 288. GRANTEES, joining in actions for infringement, 399. need not join in surrender and reissue, 252. rights of, under reissues, 253. GRIER, JUSTICE, opinion on force of commissioner's decision in reissuc cases, 223. opinion on oath to application, 123. opinion on subjects of patents, 17. HALL, JUDGE, opinion on abandonment of patents, 107. opinion on witness fees taxable as costs, 548. HAMILTON, ALEXANDER, opinion on jurisdiction of State courts, 381. HARLAN, JUSTICE, opinion on construction of the national statute of limitation, 475 HEARING, final, 633. interlocutory, 633. of motions for preliminary injunctions, 662. HUGHES, JUDGE, opinion on actions of assumpsit for infringement of patents, 419. opinion on bill seeking a decree of non-infringement, 585. IDENTITY, degree of, involved in constructive abandonment, 98. lack of, between application and letters patent, how pleaded in actions lack of, between application and letters patent, how pleaded in actions lack of, between application and letters patent, how proved, 514. lack of, between letters patent and reissue, how pleaded in actions lack of, between letters patent and reissue, how proved, 524. IGNORANCE, of anticipating matter never averts negation of novelty, 73. of letters patent never averts judgment or decree for infringement, INADVERTENCE, causing reissuable faults, 220. INADVERTENCE, ACCIDENT, AND MISTAKE, absence of, how proved, 522. IMPROVEMENT, a subject of a patent, 1. may or may not be invention, 16. sorts of, 16. INFRINGEMENT, absence of, how proved, 532. beyond the jurisdiction of the court, 676. by making and selling, damages for, 561. INFRINGEMENT-Continued. by making and selling, profits derived from, 717-723, 735. by making and using, damages for, 561. by selling, damages for, 563. by selling, profits derived from, 724. by using, damages for, 561. by using, profits derived from, 725-734. by making, by using, and by selling, suable in one action, 417. cessation of, no defence to a motion for a preliminary injunction, 676, 701. committed in the Northern District of New York, not suable in denial of, how pleaded in actions at law, 466. denial of, how pleaded in actions in equity, 620. different sorts of, how treated by masters, 743. doubtful questions of, not decided on motions for attachment, 708. how stated in bills of complaint, 579. how stated in declarations, 434, 435. of design patents, 375. of patents for compositions of matter, 369-372. of patents, involves infringement of claims, 339. of process patents, 335-338. of primary patents, 360, 362. of secondary patents, 361, 362. of two or more terms of a patent, suable in one action, 417. option to sue for infringement or for royalty, 309. partly unprofitable, 713. plaintiff's evidence of, 497-501. proof of, or of danger of, on motions for preliminary injunctions, 676. questions of, as affected by addition, 347. questions of, as affected by change of form, 363–368. questions of, as affected by mode of operation, 341–346. questions of, as affected by omission, 349. questions of, as affected by rearrangement of parts, 348. questions of, as affected by results, 340. questions of, as affected by substitution of parts, 350. questions of, as affected by utility, 376. questions of, not to be taken to Supreme Court on certificates of di- vision of opinion, 657. repeated, suable on, in one action, 435. INJUNCTIONS, acquiescence of the public as foundation for preliminary, 667-670. INJUNCTIONS - Continued. averted by proof of expiration or repeal of patent, 681. averted by proof of laches, 684. averted by proof of license, 682. averted by proof that patent is void, 679, 680. bills for, 660. bonds pending motions for preliminary, 663. consent decree, when foundation for preliminary, 672, 709. decree pro confesso as a foundation for preliminary, 671. defences to preliminary, when set up in answer, 694. defendant's admission of validity, when foundation for preliminary, 673. description in preliminary, 702. dissolution of preliminary, 659. duration of, in general, 706. duration of, when granted by district judge in vacation, 707. foundation of right to preliminary, 665. hearing of motions for preliminary, 662. imperative character of right to preliminary, 685. interference decision, when foundation for preliminary, 674. motions for preliminary, 662. motions to dissolve preliminary, 692–694. motions to reinstate dissolved preliminary, 695. not granted on trivial infringements, 705. not granted to restrain complainants from suing third parties, 705. notice of motions for preliminary, 661. obedience to, insisted upon, 696. on bills in interference actions, 319. penalty for disobeying, 710. permanent, when granted, 697. permanent, when postponed, 702. permanent, when refused, 698-700. permanent, when suspended pending appeal, 654, 703. preliminary, 659. preliminary, when averted by proof that acquiescence was collusive, preliminary, when based on prior adjudications, 666. proof of complainant's title a necessary element in right to, 675. |