DEPOSITIONS,

in actions at law, 535.

in actions in equity, 639.

used in cases other than those in which taken, 640.

DESCRIPTIONS,

defective, 218.

errors in, 175.

excess of, 175.

fullness of, 174.

in general, 111, 115.

insufficient, 218.

need not be changed in cases of disclaimer, 207.
vague, how affecting letters patent, 178.

DESIGNS,

claims for, 120".

novelty of, 64.

on whose invention patentable, 21.

subjects of patents, 20.

utility of, 22.

DESIGN PATENTS,

duration of, 162.

fees for, 125.

how infringed, 375.

DESTRUCTION,

of infringing articles, 644.

DIFFERENCE,

what degree of, inconsistent with negation of novelty, 57.

DILLON, JUDGE,

opinion on construction of the national statute of limitation, 475.

DISCLAIMERS-Continued.

filed pending suit, 208.

function of, 197.

how affected by fraudulent or deceptive intention, 202.
how stated in declarations, 430.

in respect of combination claims, 198.

in respect of compound claims, 199.

in respect of immaterial claims, 200.
letters patent, how construed after, 207.
need not change description, 207.
of equivalents, 372.

of reissue claims, 201.

right of appeal on, necessity for, 209.
statements in, 206.

statutory authorization of, 192.

subjects of, not reclaimable by reissue or otherwise, 209, 241.
unreasonable delay to file, 203, 208.

unreasonable delay to file, how pleaded in actions at law, 456.

unreasonable delay to file, how pleaded in actions in equity, 609.

unreasonable delay to file, how proved, 521.

working abandonment of invention, 90.

DISCOVERY,

patent-law meaning of the word, 2.

DISTRICTS,

wherein defendants may be sued, 389.

DIVISION OF OPINION,

certificate of, 657.

DOUBLE USE,

not invention, 38.

DRAWINGS,

amendment of, 138, 214.

constitute part of letters patent, 172.
description of, in specification, 111, 114.

in prior patents or printed publications, 56.

may aid construction of claims, 182.

may constitute birth of subsequently patented invention, 70.
unpublished, never negative novelty, 61.

what must show, 126.

when required, 126.

DUE PROCESS OF LAW,

meaning of the phrase, 151.

statutes are not, 158.

EMPLOYERS,

as defendants, 404.

EMPLOYÉS,

as defendants, 403.

EQUITY,

hearings in, 632.

jurisdiction of, in infringement cases, 572, 592, 593.

jurisdiction of, in infringement cases, not dependent on prior adjudi-

cation at law, 595.

jurisdiction of, over interfering patents,

jurisdiction of, to repeal patents, 322.

laches a defence in, 591, 596.

non jurisdiction of, 591, 592.

non-jurisdiction of, how set up, 594.
profits recoverable in, 711.

EQUIVALENTS,

among ingredients of compositions of matter, 370.

among elements of processes, 338.

defined, 358.

disclaimed, 372.

element of age in, 354-358.

inquired into, 351.

meaning of the word, 352–358.

substitution of, not invention, 36.

tests of, 362.

where claimable in reissues, when not described or claimed in orig-

EVICTION,

of licensees, 307.

EVIDENCE,

before masters, 740, 741.

complainant's, in chief, 636.

defendant's, in chief, 503-534.

documentary, in equity cases, 641.

how far to be set forth in bills of exceptions, 551, 552.
in disproof of infringement, when unnecessary, 532.
in equity cases, 637.

in interference actions, 318.

newly discovered, when ground for new trial, 539.
newly discovered, when ground for rehearing, 647.
newly discovered, when ground for bill of review, 652.
objections to, before masters, 741.

objections to, for want of pleading, 600.

objections to, when to be made, 535.

of absence of inadvertence, accident, and mistake, 522.

of actual abandonment, 512.

of constructive abandonment, 513.

of damages, 502, 565.

of deceitfully lacking or excessive specification, 518.
of estoppel, 533.

of experts, 498.

of expiration of patent before end of apparent term, 527.

of facts to sustain defence in Miller v. Brass Co., 523.

of infringement, 497-501.

of joint invention for sole patent, 516.

of lack of identity between application and letters patent, 514.
of lack of identity between letters patent and reissue, 459, 524.

of lack of statutory application for extension, 525.

of licenses, 530.

of non-infringement, 532.

of not being a proper subject of a patent, 504.

of omission to mark "patented,” 528.

of prior knowledge or use, 508.

of prior patents, 506.

of prior printed publications, 507.

of profits, 636, 740.

of release, 531.

of repeal of patent, 526.

of res judicata, 533.

of sole invention for joint patent, 517.

of surreptitious or unjust obtaining of patent, 515.

of unreasonable delay to file disclaimer, 521.

of want of invention, 505.

EVIDENCE-Continued.

of want of novelty, 506–510.
of want of title, 529.

of want of utility, 511.
plaintiff's, in chief, 491.

rules of, in interferences, 141.
rules of, in patent actions, 490.
that claims are indistinct, 520.

that specification is insufficient, 519.

to rebut defence of laches, 636.

to rebut defence of want of novelty, 509, 510.

to support defence of laches, 637.

to support plea of statute of limitation, 534.

EXAMINATION,

of applications, 130.

EXAMINERS-IN-CHIEF,

appeals to board of, 132.

EXCEPTIONS,

to instructions, and to refusals to instruct, 553, 554.

EXECUTORS AND ADMINISTRATORS,

applying for letters patent, 110, 171.

applying for Patent-Office extensions, 261.

applying for reissues, 250.

as plaintiffs or complainants, 396.

filing disclaimers, 206.

oath of, to applications, 123.

reissue granted to one of several, 251.

EXPERIMENTAL USE,

distinguished from "public use," 95.

EXPERTS,

cross-examination of, 501.

hypothetical questions put to, 499.

testimony of, affecting construction of letters patent, 189, 500.

testimony of, on motions for preliminary injunctions, 676.

testimony of, regarding the state of the art, 500.

testimony of, relevant to infringement, 498.

testimony of, relevant to non-infringement, 532.

EXPIRATION OF PATENT,

how pleaded in actions at law, 462.

how pleaded in actions in equity, 615.

how proved, 527.

EXTENSIONS,

application for Patent-Office extension, 261.