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ence in a licensed monopoly. structed under a junior patent.

670. Public acquiescence need not 688. Bonds required from complain-

be universal to be efficacious.

ants in certain cases.

671. Decrees pro confesso.

689. Injunctions not averted by the

672. Consent decrees.

existence of a remedy at law.

673. Defendant's admission of va- 690. Injunction pro confesso on

lidity.

withdrawal of opposition to a

674. Interference decisions.

motion for an injunction.

675. The complainant's title.

691. Discretion of the court in

676. Infringements.

granting or refusing injunc-

677. Defences to motions for pre-

tions.

liminary injunctions; and first 692. Motions to dissolve preliminary

by way of traverse.

injunctions.

678. Defences by way of confession 693. Motions to dissolve for errors

and avoidance.

in point of law.

679. Averting effect of prior adjudi-

694. Motions to dissolve on account

cation.

of newly discovered evidence.

infringing article.

712. In cases of joint infringement. 720. Method of making the separa-

713. In cases of infringement partly tion where defendant made and

unprofitable.

sold the patented invention

714. What spaces of time an account separately, as well as in connec-

of profits may cover.

tion with other gs.

715. The generic rule for ascertain. 721. Method where defendant pays

ing infringer's profits.

royalty for right to make and

716. Complainant's damages no cri- sell the features not covered by

terion of defendant's profits.

the patent in suit.

717. Defendant's profits in cases of 722. Cases where no separation is

unlawfully making and selling required or allowed.

articles covered by the com- 723. Method of making the separa-

plainant's patent.

tion by the criterion of compar-

718. Method of ascertaining cost of ative cost.

making and selling infringing 724. Defendant's profits in cases of

articles.

unlawfully selling articles partly

719. Burden of proof when it is or wholly covered by complain-

necessary to separate profits due

ant's patent.

to patented features, from prof. 725. Defendant's profits in cascs of

unlawful using of patented
processes or things, ascertained
by the rule in Mowry o. Whit-

ney

726. Standards of comparison in

respect of being open to the

public.

727. In respect of being adequate to

accomplish an equally beneficial

result.

728. Recoverable profits may result

from affirmative gains, or from

saving from loss.

729. Affirmative gain.

730. Saving from loss.

731. Affirmative gain and saving

from loss.

732. Standards of comparison need

not have been used by the in-

fringer.

733. A standard of comparison must

have been known at the time of

the infringement, but need not

bave been in existence at any

earlier period.

734. Method of selecting the proper

standard of comparison.

735. The rule in Mowry v. Whitney

has no application to cases of

infringement by making or by

selling.

master's reports.

747. Defendant's affirmative excep-

tions to master's reports.

748. Defendant's negative excep-

tions to master's reports.

749. Complainant's exceptions to

master's reports.

750. Outline of practice relevant to

master's findings.

APPENDIX.

THE REPEALED STATUTES......

.Pages 553-634

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Feb. 18, 1861.... 598

1800.

563

March 2, 1861... 599

1819.

564

1862...

606

July 3, 1832.... 565

1863.

606

July 13, 1832.... 567

1864.

607

1836..

568

1865.

608

1837.

582

1866

608

1839.

589

1870..

609

1842.

593

March 3, 1871.. 633

1848.

595

March 24, 1871.. 633

THE REVISED STATUTES....

Pages 634-660

SECTION

SECTION

440. Clerks and employés.

441. Secretary of the Interior.

475. Establishment of the Patent

Office.

476. Officers and employés.

477. Salaries.

478. Seal.

(chief clerk.

479. Bonds of Commissioner and

480. Restrictions upon officers and

employés.

481. Duties of Commissioner.

482. Duties of examiners-in-chief.

483. Establishment of regulations.

484. Arrangement and exhibition of

models, &c.

485. Disposals of models on rejected

applications.

486. Library.

487. Patent-agents may be refused

recognition.

488. Printing of papers filed.

489. Printing copies of claims, laws,

decisions, &c.

490. Printing specifications and

drawings.

491. Additional specifications and

drawings.

492. Lithographing and engraving.

493. Price of copies of specifications

and drawings.

494. Annual report of the Com-

missioner.

496. Disbursements for Patent-Of-

fice.

629. Jurisdiction of Circuit Courts.

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