EXPERTS, (See also EVIDENCE.) depends on subject-matter, 483, 484. EXTENSION OF PATENT TERM, when and by whom granted formerly, 287. action of commissioner in granting, not re-examinable, 287. must now be by special act, 287. term virtually extended to 16 (19) years, (287,) 395. does not destroy the right to use a patented machine lawfully acquired, rights of assignees under an, 198-210. (See ASSIGNEES; ASSIGNMENT.) during an, the specification may be surrendered and reissued, 285. F. FEE-BILL, 275. FIRST INVENTOR, alone entitled to a patent, 82. may be the discoverer of a lost art, 86, 93-97. meaning of, in our statute, 86. the expression, how construed in England, 88. he who first adapts his invention to use, 88 note. in a race of diligence, 91 note. notwithstanding prior experiments, 91. how far he may take suggestions from others, 120-123. patentee must believe himself to be, 82. FOREIGNER. FOREIGN INVENTION, (See ALIEN.) not patentable in this country, 98, 99. FOREIGN PATENT, when does not defeat a patent in this country, 98, 99. FRAUD. GENERAL ISSUE, (See CONCEALMENT.) G. (See also ACTION AT LAW.) may be pleaded in an action for infringement, 356, 357. GRANTEE, requiring notice, 365–398. (See also ASSIGNEE.) for particular district may bring an action in his own name, 346. I. IDENTITY, (See also INFRINGEMENT.) of machines or of improvements thereon, 23. IDENTITY, Continued. of two or more machines, explained generally, 305 – 307. IMPROVEMENT, of a machine already patented, itself patentable, 24. a test of novelty and sufficiency, 32-39. in a machine, how to be described and claimed, 233, 239, 240, 241. subsequent, must now be applied for by a separate patent, 265, 280. INCIDENTAL production of a patented article no infringement, 300. protected by caveat, 270. INFRINGEMENT, (See also ACTION AT LAW; DAMAGES; EQUITY.) repealed, sued for in one action, 353. no, to use processes which patentee has kept back, 237. no, use of an American invention on a foreign vessel entering our ports, 289. consists in making, using, or vending, 289. punishable by action at law, 288. of a patented machine, 290. no, to make patented machine as an experiment, 291. one contracting for articles to be made by a patented machine, an in- sale of the materials of a patented machine, no, 294. articles produced by patented machine, no, 295. where patent covers both process and product, the use of either an, 295. no, to continue using a patented machine during an extension of the term, 297. incidental production of a patented article not per se an, 300. by one who executes an order involving use of patented machine, 303. not determinable by fixed rules, 308. not a material alteration, 309. involves doctrine of mechanical equivalents, 310. jury to decide whether mechanical equivalents used, 310. of a manufacture, a question of substantial identity, 312. of a process, presumed, if the effects be similar, 313, 314. of an applied principle, how determined, 316. a question of substantial identity, 320. examples of, 317-319. a mere variation in the mode, 322. a circuitous mode of accomplishing the same result, 323–327. where the proportions of the ingredients are essential, no, to vary them, INFRINGEMENT, Continued. superior utility a test of, 330. a question of practical and substantial identity, 331. of a combination, in what consists, 332. may turn upon the use of mechanical equivalents, 332. mechanical equivalents not merely those known as such in mechanics, use of patented machine after a reissue, 342. no, use of a machine before patent is granted, 342. but such use continued after grant, is an, 342. use of any one of several distinct improvements, 333. by use of chemical equivalents, 343 a. bill in, what it should contain, 406. on what principles granted, 408. application for, to be accompanied with affidavit, 408, 442. notice served on defendant, 409. always special, 442. order of indemnity not usual, 409. rules for granting, before trial, 410, 411. three classes of cases under, 412. where novelty impeached by publication in law, 418 a. where infringement doubtful, 419. where defendant's business would be injured, 420. on a full hearing, 423. where patentee first sent to law, 424 - 426. where granted, but patentee sent to law, 427. granted where issue of novelty is directly raised, 429. motion to dissolve, how decided, 430. on what grounds, 437. when may be made, 430. after trial at law, 431. ordered to stand over, 432. when new trial at law has been applied for, 432, 433. INSPECTION, mutual, when ordered, 435. INTENTION, when material to show abandonment, 386 - 388. INVENTION, (See also FIRST INVENTOR; NOVELTY.) meaning of, judicially ascertained, 8. sufficiency of, in what consists, 31-40. frivolous, not the subject of a patent, 32, 33, 45. does not consist in mere use of cheaper materials, 72, 73. presumption that patentee is the inventor, 118. not invalidated by reasons of hints or suggestions from others, 119. belongs to the real inventor, even though he be in patentee's employ, 120. INVENTION, Continued. valid, even although patentee has been assisted in carrying out his plan, 120-122. of workman, whether patentable by employer without an assignment, JOINT INVENTION, can be patented, 112-114. J. effect of separate patents upon a subsequent joint patent, 113. whether one of two joint inventors can take out letters in his own name JOINT OWNERSHIP, (See ASSIGNMENT.) whether one co-tenant can sue the other for infringement, 188-190, 405 a. JURY, of Congress, 494. original, of Circuit and District Courts, 495. appellate, of Supreme Court, 495. of the Federal courts, exclusive, 496. of the Federal courts does not extend to contracts under a patent, per se, but may where the violation of a contract amounts to an infringement, 496. in what judicial district a suit to be brought, 497. of the person, gives the right to enjoin violations in other districts, 296, 498. equity, irrespective of demand for injunction, 498. appellate, of Supreme Court, not extended to mere costs, 499. (See also COURT.) to pass upon the use of mechanical equivalents, 310. to decide the question of novelty, 446. even where two specifications are to be compared, 446. to decide whether reissue is for the same invention as the original, 448. whether invention is useful, i. e. of practical utility, 450. - to pass upon sufficiency of specification, 223, 462 – 467. but under proper instructions, 462 – 464. to decide upon question of infringement, 469. even where there is no dispute as to machines or processes employed, whether he can withhold payments after patent pronounced invalid, 216. position of, under a violation of the agreement, 218. is a function embodied in a particular mechanism, 20, 21. improvement in, when patentable, 22. novelty of, how determined, 46, 48. when entirely new, 110. three classes of, 110, 111. difference between, and a process, 12-15, 57–64, 269. does not in America comprise a fabric or substance, 27. judicial interpretation of, as employed in England, 3 – 7. how infringed, 298. (See INFRINGEMENT.) MARKS, required to be put on patented article for sale, p. 581, § 6. sale of the, of a patented machine, no infringement, 294. MISTAKE, (See EQUIVALENTS; INFRINGEMENT.) clerical or typographical, not fatal, 238. corrected by the secretary, 277. conclusively presumed from action of commissioner in granting reissue, |