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RULE 90.

In all cases where the rules prescribed by this court or by the circuit court do not apply, the practice of the circuit court shall be regulated by the present practice of the high court of chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local conveniences of the district where the court is held, not as positive rules, but as furnishing just analogies to regulate the practice.

RULE 91.

Whenever, under these rules, an oath is or may be required to be taken, the party may, if conscientiously scrupulous of taking an oath, in lieu thereof, make solemn affirmation to the truth of the facts stated by him.

RULE 92.

In suits in equity for the foreclosure of mortgages in the circuit courts of the United States, or in any court of the Territories having jurisdiction of the same, a decree may be rendered for any balance that may be found due to the complainant over and above the proceeds of the sale or sales, and execution may issue for the collection of the same, as is provided in the 8th rule of this court regulating the equity practice, where the decree is solely for the payment of money.

RULE 93.

When an appeal from a final decree in an equity suit, granting or dissolving an injunction, is allowed by a justice or judge who took part in the decision of the cause, he may, in his discretion, at the time of such allowance, inake an order suspending or modifying the injunction during the pendency of the appeal, upon such terms as to bond or otherwise as he may consider proper for the security of the rights of the opposite party.

RULE 94.

Every bill brought by one or more stockholders in a corporation, against the corporation and other parties, founded on

rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since by operation of law; and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance. It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of the managing directors or trustees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action.

INDEX.

THE REFERENCES ARE TO THE SECTIONS.

ABANDONMENT,

actual, of applications, 145.

actual, of invention, 87-92.

actual, of invention, by acquiescence in rejection of application, 92.

actual, of invention, by disclaimer, 90.

actual, of invention, by express declaration, 89.

actual, of invention, by laches, 91.

constructive, of applications, 146.

constructive, of application, working constructive abandonment of

invention, 103, 147.

constructive, of invention, 87, 93, 147.

constructive, of invention, after application, 103.

constructive, of invention, must be negatived in declarations and bills,
425, 579.

constructive, of invention, not condoned by excuses, 104.

evidence of actual, 512.

evidence of constructive, 513.

how pleaded in actions at law, 449.

how pleaded in actions in equity, 602.

of experiments, 86.

of invention, 86.

of invention, after issue of letters patent, 106, 107.

of patents, 106, 107.

several kinds of, 86.

ACCIDENT

causing reissuable faults, 220.

ACCOUNT

of profits, covering what time, 714.

ACCOUNTINGS

before masters, 739-743.

ACQUIESCENCE

in rejection of applications, 92.

necessary length of, as foundation of right to preliminary injunc-
tions, 668, 669.

need not be universal, in order to constitute foundation of right to
preliminary injunctions, 670.

public, as foundation of right to preliminary injunctions, 665, 667.
working license, 312.

ACTIONS

for infringement, form of, 421.

for infringement, where brought, 389, 390.

for infringement not affected by subsequent disclaimers, 193.

on assigned rights of action, 395, 435, 579.

to enforce contracts relevant to patents, 388.

to set aside contracts relevant to patents, 388.

ACTIONS AT LAW,

declarations in, 422-438.

defendants in, 401-416.

for assigned rights of action, 395, 455.
for infringements of patents, 418.

plaintiffs in, 394-400.

pleas in, 439-477.

practice in, 489.

testimony in, 535.
trial of, 487.

ACTIONS IN EQUITY,

answers in, 568-622.

bills in, 576-584.

complainants in, 394-400, 574.

defendants in, 401-416, 575.

depositions in, 638, 639.

for assigned rights of actions, 395.

hearings in, 632.

hearings in, before masters, 643.

pleas in, 589, 590.

rehearings in, 645-648.

replications in, 623.

trials by jury in, 642.

ADDITION

to composition of matter, as affecting infringement, 369.
to mechanical patent, as affecting infringement, 347.

AFFIDAVITS

on motions for new trials, 539.

on motions for preliminary injunctions, 662.

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