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SUBSTANTIALLY AS DESCRIBED,

function of the phrase, 182.

when the phrase is implied, 182.
SUBSTITUTION,

as affecting infringement, 350, 370, 371.

SUGGESTIONS TO INVENTORS,

distinguished from joint invention, 47.
SUPERSEDEAS,

on appeal to Supreme Court, 654.

SUPPLEMENTAL BILLS,

leave of court necessary to filing, 630.
subordinate to original bills, 624.
when proper, 625.

SUPPLEMENTAL BILLS IN THE NATURE OF BILLS OF REVIEW,

character and function of, 647, 648.

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SUPREME COURT OF THE UNITED STATES,

action of, on appeals, 656.
action of, on certificates of division of opinion, 657.
application to, for leave to file in court below, a bill of review, in a

case already sent to Supreme Court, 652.
hearing of appeals in, 655.

writs of error in, 550.
SUPREME COURT OF THE DISTRICT OF COLUMBIA,

appeals to, 132, 133.
SUR-REJOINDERS,

function of, in actions at law for infringement, 478.
SURRENDER OF INVENTIONS,

how effected, 105.
SURRENDER OF LETTERS PATENT,

effect of, on accrued damages and profits, 231.
mutual owners must join in, 252.
when reissue is refused, 231.
with a view to reissue, 230–232.

SUSPENSION,

of permanent injunctions pending appeals, 703.

SWAYNE, JUSTICE,

opinion of, on force of Commissioner's decision in reissue cases, 228.
opinion of, on joint invention, 46.

TANEY, CHIEF-JUSTICE,

opinion of, on reissuability of patents, 226.

TAXATION OF Costs,

appeal from, 549.
how and when made, 549.

TEMPORARY RESTRAINING ORDERS,

pending motions for preliminary injunctions, 664.
TENANCY IN COMMON,

in patent rights, 292.
TENANTS IN COMMON,

rights of, 294.
TENURES,

upon which patent rights may be held, 274.
TERM OF PATENT,

how fixed, 112.
TERRITORY,

covered by patents, 160.
TEST CASES,

pendency of, excusing delay, 684.
TESTIMONY,

in actions at law, 535.

in actions in equity, 638.
TEXT WRITERS,

weight of statements of, 537.
THEORY,

invention which resides in, may be patentable, 23.
TIME,

for taking depositions in actions in equity, 639.
TITLE,

after acquired, 282.
by assignment, 274.
by bankruptcy, 290.
by creditor's bill, 289.
by death, 291.
by grant, 287.
by occupancy,

273.
certainty of, necessary to preliminary injunction, 665, 675.
conveyance of legal, conveying equitable, 286.
conveyed by estoppel, 275.
equitable, how arising, 274, 285.
how stated in declarations, 432.
how proved, 495.
in a plurality of persons, 292.
inchoate, 273.

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TITLE-Continued.

methods of acquisition of, 272.
to reissues, 250.
to reissues when granted to executors or administrators, 251.
variant nature of, 272.
want of, how pleaded in actions at law, 464.
want of, how pleaded in actions in equity, 617.
want of, how proved, 529.

warranty of, 282.
TRESPASS ON THE CASE,

actions of, for infringements of patents, 418, 421.
character of actions of, 442.

declarations in actions of, 422-438.
TRIALS,

by judges without juries, 540.
by juries, 488.
by juries in equity cases, 642.
by juries, of issues sent out of equity, 595.
by referees, 541.

of actions at law, 487.
TRUSTEE

infringer treated as, in respect of his profits, 715.
TRUSTS,

constructive, 285.

resulting, 285.
Two YEARS,

sale or public use more than, before application, 93, 229.
UNANIMITY OF JURIES,

history of, 488.
UNAUTHORIZED MARKING,

how punished, 325.

how restrained, 333.
USEFUL ART,

subject of a patent, 1.
Uses,

all, of patented thing, covered by the patent, 180.
UTILITY,

burden of proof in respect of, 85.
constituent elements of, 77.
doubts relevant to, 85.
in respect of infringement, 376.
may reside in beauty, 80.
must be stated in declarations, 424.

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UTILITY-Continued.

necessary to patentability, 77.
necessary to whatever is claimed to negative novelty, 65.
negatived where function is always evil, 81.
not negatived by mere imperfection, 79.
patents prima facie evidence of, 85.
performance of specified function necessary to, 78.
want of, how pleaded in actions at law, 448.
want of, how pleaded in actions in equity, 601.
want of, how proved, 511.
when functions are thought by some to be good, and by others to be

evil, 83.
where functions sometimes work good, and sometimes work evil, 82.

where primary function is good, and ultimate function is evil, 84.
VALIDITY,

certificate of extension prima facie evidence of its own, 493.
defendant's admission of, when foundation of right to preliminary

injunction, 673.
letters patent prima facie evidence of their own, 491.
reissues prima facie evidence of their own, 492.
special presumption of, necessary to preliminary injunction, 665.

warranty of, 283, 284.
VENUE,

how laid in declarations, 422.
VERDICTS,

in patent cases, 538.
WALLACE, JUDGE,

opinion of, on abandonment of patents, 107.
opinion of, on decree where disclaimer is found necessary, 209.
opinion of, on jurisdiction of Federal Courts, 388.

opinion of, on subjects of patents, 5.
WARRANTY,

of title, 282.

of validity, 283, 284, 307.
WABHINGTON, JUSTICE,

opinion of, on abandonment of patents, 106.

opinion of, on jurisdiction of State courts in patent cases, 383.
WHEELER, JUDGE,

opinion of, on actions of assumpsit for infringements of patents, 419.
opinion of, on decree where disclaimer is found necessary, 209.
opinion of, on extra-territorial operation of grant, 288.
opinion of, on force of Commissioner's decision in reissue cases, 223.
opinion of, on McClurg v. Kingsland, 159.
opinion of, on subjects of patents, 5.

WITNESSEE,

to specifications, 121.
to want of novelty, need not be named as such, in notices of special

matter, 444.
WOODBURY, JUSTICE,

opinion of, on rehearing for matter apparent on face of record, 646.
WOODRUFF, JUDGE,

opinion of, on mode of operation, 345.

opinion of, on witness fees taxable as costs, 548.
Woods, JUSTICE,

opinion of, on pleading facts of which courts take judicial notice,

445.

WORKMANSHIP,

distinguishable from invention, 27.
WRITS OF EKROR,

function of, 550.
in qui tam actions, 334.

where cases are tried by judges without juries, 540.
WRONGS,

classification of, 411.
of infringement, where treated in this book, 378.

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