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C.

Claims:

Page.

Acquiescence in rejection of as estoppel. d Ottumwa Box Car Loader Co.
v. Christy Box Car Loader Co......

327

Method of construing. d Jones v. Evans.

262

Process application anticipated by patent for apparatus which performs the
process

Ex parte Chapman............

*In re Chapman..............

Combination, old elements, new result, protection of by patent. d Ottumwa
Box Car Loader Co. v. Christy Box Car Loader Co.......
Commissioner of Patents:

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Appeal to from rejection of claims recommended by the Examiners-in-
Chief. Ex parte Dimm.................

57

Judgment not controlled by mandamus because in conflict with decree of
court. *United States ex rel. Trussed Concrete Steel Company v.
Ewing, Commissioner of Patents....

Commerce, statutory provisions, validity of Trade-Mark Acts. d Rossmann v.
Garnier...

Concealment of invention, right to patent forfeited because of:

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Conception of invention, dates established by witnesses.
haver....

* Barber v. Spalck-

165

Construction of claims:

Anticipation and disclosure. d Wm. B. Scaife & Sons Co. v. Falls City
Woolen Mills...........

236

Broad and narrow claims, suit brought on broad claim, courts cannot con-
strue into broad claim limitations not therein expressed. d National
Tube Co. v. Mark et al......................

310

Estoppel by proceedings in Patent Office. d National Tube Co. v. Mark
et al...

310

Limitation of. Ex parte Pease...

48

Phrase "substantially as described," not limitation to exact mechanism.
d National Tube Co. v. Mark et al....

310

Reading limitations into. d Wm. B. Scaife & Sons Co. v. Falls City Woolen
Mills.....

236

Substitution of a certain form of joining metal edges for another, in view of
the state of the art, not invention. *In re Hogan.

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Use of the word "means. *Johnson v. Martin.....

Construction of copyright act. **Straus and Straus v. American Publishers' As-
sociation et al.................

162

347

Construction of copyright acts, 1874 and 1909. In re Prints and Labels...
Construction of patents:

95

Claims referring to fuller description of an element in specification and
drawing limited to such element as there described. dOttumwa Box Car
Loader Co. v. Christy Box Car Loader Co...

327

Construction of patents-Continued.

Page.

Demurrer, determination of validity. d Krell Auto Grand Piano Co. of
America v. Story & Clark Co. et al....

246

Specification and claims must be read and construed together. d Ottumwa
Box Car Loader Co. v. Christy Box Car Loader Co.......
Construction of Equity Rule 58. Whiting-Adams Co. v. Rubber and Celluloid
Harness Trimming Co..

327

34

Construction of Rule 40. Ex parte Karl, Prinz zu Löwenstein..
Construction of section 4886 Revised Statutes. d Cincinnati Traction Com-
pany v. Pope.............

Section 4887 Revised Statutes. Ex parte Hayes........

Sections 4894 and 4897, Revised Statutes. Henderson and Cantley v.
Kindervater.............

Section 4897 Revised Statutes. || Barber v. Wood..
Construction of specifications and patents:

Certain claims invalid in view of the state of the art, and certain claims
infringed. *Comptograph Company v. Adder Machine Company.......
Like other contracts, to be considered as a whole, intention of parties
having been ascertained should prevail. d Century Electric Co. v. West-
inghouse Electric & Mfg. Co.......

Not anticipated, discloses invention and is held infringed. d Cincinnati
Traction Co. v. Pope......

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Reissue void in so far as claims are broadened to cover matter not covered
by original patent, and so limited to specific structure of original not
infringed. d Grand Rapids Show Case Co. v. Baker et al....
Scope to be ascertained from entire instrument. d Horton Mfg. Co. v.
White Lily Mfg. Co......

294

285

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Construction of Trade-Mark Statutes. d Rossmann v. Garnier....
Continuation of application, earlier and later, different specific forms, common
broad invention, earlier application abandoned, later continuation as to
broad invention. *Lorimer and Lorimer and Western Electric Company,
assignee, v. Keith, Erickson, and Erickson and Lundquist, et al...
Copyright, rights conferred by. **Straus and Straus v. American Publishers'
Association et al....

223

202

347

Court of Appeals. Questions certified not apposite to facts stated in certificate
not to be answered, but certificate dismissed. **Seim and Reissig v.
Hurd et al....

361

D.

Decisions of the Patent Office. Review of, by the Courts. d Grand Rapids
Show Case Co. v. Baker et al......

294

Delay in filing application. Uncorroborated testimony of applicant as to finan-
cial inability insufficient excuse for lack of diligence. *Shields v. Lees.....
Design. Patent for whole article no bar to patent for a part. Ex parte San-
ford....

111

69

Differentiation of claims, necessity for proper construction and effect. d Wm.
B. Scaife & Sons Co. v. Falls City Woolen Mills.....

236

Diligence, delay in receiving material. *Bettendorf v. McKeen....
Disclosure, date alleged in preliminary statement. *Hopkins v. Peters and
Dement....

Page.

173

116

Division of application, requirement for, not to ignore one element of claims.
Ex parte Mumford...

84

E.

Employer and employee:

Main plan by employer, suggestions by employee, Moody v. Colby....
*Moody v. Colby.....

Equivalents, not restricted to named elements in pioneer patents unless so
specified. d Treibacher Chemische Werke Gesellschaft mit beschrankter
Haftung v. The Roessler & Hasslacher Chemical Company...
Evidence:

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Rulings of trial court on objections. d Ottumwa Box Car Loader Co. v.
Christy Box Car Loader Co......

327

Sufficiency of objections, waiver. d Ottumwa Box Car Loader Co. v.
Christy Box Car Loader Co......

327

F.

First and original inventor. *Hopkins v. Peters and Dement..
Foreign patents. Ex parte Hayes..............

I.

Identity of invention. Patents, effect of earlier on later. d Century Electric
Co. v. Westinghouse Electric & Mfg. Co.....

116

93

267

Infringement:

Anticipation. d Wm. B. Scaife & Sons Co. v. Falls City Woolen Mills....
Claim that some part was misnamed not defense. d Century Electric Co.
v. Westinghouse Electric & Mfg. Co........

236

267

Combination not infringed by mere purchase of elements. **Seim and
Reissig v. Hurd et al....

Equivalents, application of doctrine of, to patents for combinations.
d Ottumwa Box Car Loader Co. v. Christy Box Car Loader Co......
Immunity from prosecution for. **Rubber Tire Wheel Company et al.
v. Goodyear Tire and Rubber Company.....

Not transferable to party who buys one element only used in manufac-
ture. **Rubber Tire Wheel Company et al. v. Goodyear Tire and
Ruber Company

361

327

357

357

Manufacture immune from suit by reason of prior decision, purchaser of
one element of combination from him not immune. **The Woodward
Company v. Hurd et al......

366

Patent for improvement in existing devices makes small step in the art
and has narrow range of equivalents. d Grand Rapids Show Case Co.
v. Baker et al..

294

Presumption as to earlier and later patents. d Century Electric Co. v.
Westinghouse Electric & Mfg. Co.....

267

Trade-Marks registered under the ten-years clause. **Thaddeus Davids
Company v. Davids and Davids, trading as Davids Manufacturing Com-
pany...

367

Interference:

Applicant and patentee. Morgan v. Taylor v. Hanson..

90

Application and patent, claim not to be rejected unless anticipation is
clear. Both v. Barr......

29

Interference-Continued.

Assignee controlling two applications estopped from introducing sec-

ond after final decision. Frickey v. Ogden......

Construction of issue, right to make claim. *Barcley v. Schuler..
Copying claims from patents. Shreeve v. Grissinger....

Device not tested by actual use not reduction to practice. *Barcley v.
Schuler....

Estoppel by reason of long delay. Shreeve v. Grissinger....

Existence of determined under the statute by the Commissioner, not sub-
ject to mandamus. *United States ex rel. Trussed Concrete Steel Com-
pany v. Ewing, Commisisoner of Patents....

Foreign application, benefit of. Steel and Steel v. Myers..
Evidence of filing. Steel and Steel v. Myers....

Inventor first reducing invention to practice entitled to patent, even
though patent was inadvertently issued to another. d General Electric
Co. et al. v. Steinberger.....

Motion by patentee to dissolve on ground that issue is not patentable if
construed broadly not to be transmitted. Morgan v. Taylor v. Hanson..
Motion to dissolve because issue is unpatentable made by patentee not to be
transmitted. Manson v. Hutchison.....

Patent granted during pendency of application, claims copied for inter-
ference long after such grant, application should be closely scrutinized,
all doubts as to right to make claims resolved against applicant. Shreeve
v. Grissinger....

Priority awarded to opponent where the other party could not make claim.
*Sutton, Steele, and Steele v. Wentworth..

Priority, question of res adjudicata. *Cross v. Rusby...

Renewed application entitled to original date of filing as constructive re-
Henderson and Cantley v. Kindervater...
*Freeman v. Waid...

duction to practice.

Right to make claim.
Second Interference. Rusby v. Cross.....

Trade-marks, priority of adoption and use properly awarded, mark not
abandoned. The Reynolds & Reynolds Company v. J. C. Blair Company
Two applications, same assignee, request by assignee that third party be
added. Perkins v. Fortescue.....

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Two parties, assignee of one not to bring in third party after final decision.
Frickey v. Ogden.....

19

Interrogatories, penalty under Equity Rule 58 for failure to answer. Whit-
ing-Adams Co. v. Rubber and Celluloid Harness Trimming Co..
Invention thrown aside for eight years, others entered the field, patent void
and invention abandoned. *Compotograph Company v. Adder Machine
Company.....

34

153

J.

Jurisdiction of the Commissioner of Patents:

Mandamus will not lie to direct the manner of exercising. *United States,
ex rel. Dunkley Company and Dunkley, v. Ewing, Commissioner of
Patents.....

186

Jurisdiction of the United States Courts:

Matters arising under Trade-Mark statutes under jurisdiction of Federal
Courts. d Rossmann v. Garnier......

223

L.

Labels, registration not to be refused because feature is usable as trade-mark.
Ex parte Wahrmann..........

67

M.

Mandamus:

Cannot take the place of an appeal or writ of error. *United States, ex rel.
Dunkley Company and Dunkley v. Ewing, Commissioner of Patents...
Will not lie to compel Commissioner of Patents to reverse decision made
in discharge of duty. *United States, ex rel. Trussed Concrete Steel
Company v. Ewing, Commissioner of Patents.....

To direct Commissioner of Patents as to manner of exercising jurisdiction
in certain matters. *United States ex rel. Dunkley Company and
Dunkley v. Ewing, Commissioner of Patents........

Manufacture:

Page.

186

194

186

An article used in a method of doing business may be so classed under the
statute. d Cincinnati Traction Co. v. Pope.....

216

The term as used in patent law defined. d Cincinnati Traction Co. v. Pope.
Monopolies:

216

Construction of Sherman Act.
ers' Association et al....

**Straus and Straus v. American Publish-

347

Copyrighted books, combination to maintain prices of. **Straus and
Straus v. American Publishers' Association et al.

347

Motion for further proceedings. *Schmidt v. Tait..

214

P.

Particular patents, construction of:

d Century Electric Co. v. Westinghouse Electric & Mfg. Co..........
d Krell Auto Grand Piano Co. of America v. Story & Clark Co. et al.......

267

246

Patentability:

Former decision construed. Ex parte Mumford.....

84

No invention substituting one known material for another to accomplish a
known result. *In re Capron......

142

Presumed in device disclosing mechanical skill only, but producing a
result long sought though never attained. *In re Merrill.............

113

Patents:

Number that may be obtained. d Century Electric Co. v. Westinghouse
Electric & Mfg. Co.......

Scope of, features not claimed. d Horton Mfg. Co. v. White Lily Mfg. Co.
Pioneer patents, equivalents, liberal application of doctrine to. d Treibacher
Chemische Werke Gesellschaft mit beschrankter Haftung v. The Roessler &
Hasslacher Chemical Company....

Presumption, earlier and later patents. d Century Electric Co. v. Westing-
house Electric & Mfg. Co................

Prints and labels, Act of 1874 not repealed by Act of 1909. ‡In re Prints and
Labels......

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*Lorimer and Lorimer and Western Electric Company v. Keith, Erick-

son, and Erickson and Lundquist.....

202

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