MONOPOLY. See Contracts, 7, 8, 9; Licenses, 5.

NON-OBNOXIOUS-A monopoly depending upon the merits of an invention to which it is a mere incident is neither obnoxious to public policy nor an illegal restraint of trade. *Heaton Peninsular Button Fastener Company v. Eureka Specialty Company et al., 216.

MOTION TO DISSOLVE INTERFERENCE. See Interference, 10, 22, 23, 41, 42, 43. MULTIFARIOUSNESS. See Demurrer, 1.

INFRINGEMENT SUITS-Where devices covered by several patents are capable of embodiment and conjoint use in a single machine, a bill which seeks to recover in a single snit for the infringement of all the patents is not multifarious. * Kansas City Hay-Press Company v. Devol et al., 712.

NEW CLAIMS. See Reopening of Rejected Cases.

NEW EVIDENCE. See Injunction, 4; Rehearing, 2, 3.

NEW MATTER.

PUBLIC USE-DATE OF CLAIM-APPEAL TO THE EXAMINERS-IN-CHIEF-The question as to whether a claim for a device different from that originally claimed may be introduced into a case more than two years after the device covered by the latter claim has been in public use is a question of new matter which goes to the merits and is appealable in the first instance to the Examiners-in-Chief. Casler et al. v. Edison, 38.

NEW TRIAL. See Supreme Court of the United States.

NOTICE OF HEARING. Sec Attorneys, 48.

OATH. See Applications, 2; Interference, 51, 52; Practice in the Courts, 1, 2, 3. ADDITIONAL QATH-DELAY IN FILING APPLICATION-OATH BY ASSIGNEE as to PUBLIC USE AND SALE INSUFFICIENT-CONSTRUCTION OF STATUTE-When an application is not filed in the Office until an unreasonable time after the execution of the oath and the assignee makes affidavit that to his knowledge the invention had not been in public use or on sale in the United States for more than two years prior to the date of the filing of the application and that the inventor refuses to execute an additional oath, Held that said affidavit can not be considered as a compliance with the rule which requires an additional oath when the application is not filed within a reasonable time after the execution of the original oath, since neither the statutes nor the rules make any provision for the making of an oath to an application by any party other than the inventor so long as the inventor is alive. The reason which makes it necessary that the inventor make the original oath applies with equal force to an additional oath when required. Ex parte McCoy, 74. OFFICIAL RECORDS. See Applications, 3, 4, 5, 6.

OFFICIAL RETIREMENT FROM OFFICE.

OFFICIAL STAMP. See Applications, 5.

OLD DEVICES. See Invention, 1.

See Mandamus, 6, 7.

OLD ELEMENTS. See Construction of Specifications and Patents, 27, 34, 37. OMISSION OF ELEMENT. See Construction of Specifications and Patents, 38. OMISSION OF PARTS. See Construction of Specifications and Patents, 9; Infringe

ment, 10, 11.

OPERATIVENESS. See Construction of Specifications and Patents, 35.

PARTIAL USE. See Infringement, 19, 20, 21, 22, 25.

PARTICULAR PATENTS. See Construction of Specifications and Patents, 19, 21, 30; Designs, 1; Former Decisions Reversed; Infringement, 24, 25; Priority of Invention, 6; Reduction to Practice, 11.

1. BARRETT

LIFTING-JACK-NO. 455,993 — ValID -BROAD CONSTRUCTION INFRINGED Clams 1 and 6 of Letters Patent No. 455,993, granted July 14, 1891, to Josiah Barrett, for a lifting-jack, Held to be valid and entitled to

PARTICULAR PATENTS-Continued.

have such a broad construction put upon them as would enable him to obtain the benefit of the full scope of his invention. As thus construed they are Held to be infringed. Forgie v. Duff Manufacturing Company, 705. 2. BATES-PNEUMATIC DRILLING-TOOL-No. 364,081-INFRINGEMENT DOUBTFULPRELIMINARY INJUNCTION DENIED-The doubts of the infringement of claim 3 of Letters Patent No. 364,081, granted May 31, 1887, to Albert J. Bates, for a pneumatic drilling-tool, which arise from the difference in the mode of operation of the valves as described in said claim and that of the infringing device are such as to require a denial of the motion for a preliminary injunction. American Pneumatic Tool Company v. Bigelow Company, 515.

3. BATES-WELT-Guide for SEWING-MACHINES-No. 419,239-PATENTABILITY— INFRINGEMENT-Letters Patent No. 419,239, granted January 14, 1890, to George A. Bates, for a welt-guide for sewing-machines, construed and Held that if the patent covers anything which is patentable any claimed construction of it which would bar the respondent from using the guide especially devised by him would be too unreasonable to be sustained. * Bates v. Keith, 709.

4. BERLINER-COMBINED TELEGRAPH AND TELEPHONE-No. 463,569-Delay in ISSUING PATENT-FRAUD-Letters Patent No. 463,569, granted November 17, 1891, to Emile Berliner, for a combined telegraph and telephone, cannot be declared invalid on the ground that the delay of the application in the Patent Office for thirteen years was unlawful and fraudulent. *United States v. American Bell Telephone Company and Berliner, 442.

5. BLACKWELL-ELECTRIC-RAILWAY MOTOR-No. 470,817-VOID-Letters Patent No. 470,817, dated March 15, 1892, to Francis O. Blackwell, for improvements in railway-motors, Held to cover nothing of a patentable nature. *ThomsonHouston Electric Company v. Athol and Orange Street Railway Company, 694. 6. BOWERS-DREDGING-MACHINE-NO. 318,859-VALID-INFRINGED-Claims 10, 16, 25, 53, and 59 of Letters Patent No. 318,859, granted May 26, 1885, to Alphonzo B. Bowers, for improvements in hydraulic dredging-machines, construed and Held valid and infringed by machines constructed under the Von Schmidt patents, Nos. 277,177, 300,333, and 306,368. (Bowers v. l'on Schmidt, 63 Fed. Rep., 572, affirmed.) *Von Schmidt v. Bowers, 529.

7. SAME-HYDRAULIC DREDGING APPARATUS-No. 355,251-SAME-SAME-Claims 13, 17, and 18 of Letters Patent No. 355,251, granted December 28, 1886, to Alphonzo B. Bowers, for improvements in hydraulic dredging apparatus, construed and Held valid and infringed by machines constructed under the Von Schmidt patents, Nos. 277,177, 300,333, and 306,368. (Bowers v. Fon Schmidt, 63 Fed. Rep., 572, affirmed.) *Id.

8. SAME DREDGING-MACHINE-No. 318,859-VALIDITY-INFRINGEMENT-PRELIMINARY INJUNCTION-Letters Patent No. 318,859, granted May 26, 1885, to Alphonzo B. Bowers, for a dredging-machine, Held valid and infringed on a motion for preliminary injunction. *Bowers v. Pacific Coast Dredging and Reclamation Company et al., 663.

9. BRINKMAN-FIREPROOF PARTITION—NO. 518,050—INTERFERENCE - PRIORITY— Held that no facts are proved to justify the virtual disregard of Brinkman's patent or to justify a finding that Roberts was the prior inventor. Roberts v. Brinkman, 26.

10. SAME-SAME-SAME-SAME-SAME-Held that the decided weight of the evidence supports the claim of the appellee, and that the decision of the Commissioner of Patents is correct and must be affirmed. *Roberts v. Brinkman, 427.

11. BRITTON-CARRIAGE-LAMP-DESIGN-No. 20,670--INFRINGEMENT-Claim 2 of Design Patent No. 20,670, for a carriage-lamp, dated April 14, 1891, Held valid and infringed. Britton et al. v. White Manufacturing Company, 508.

PARTICULAR PATENTS-Continued.

12. BYWATER-KNITTED FABRIC-No. 374,888-VALID-INFRINGED-Letters Patent No. 374,888, granted December 13, 1887, to Levi Bywater, for an improvement in knitted fabrics, examined and Held valid and infringed. * Hanifen v. E. H. Godshalk Company et al., 375.

13. COWLES ET AL.-SMELTING ORES BY ELECTRIC CURRENT-No. 319,795INFRINGEMENT-Letters l'atent No. 319,795, granted June 9, 1885, to Engene H. Cowles et al., for a process of smelting ores by the electric current, construed and Held that the charge of infringement has not been sustained. Electric Smelting and Aluminium Company v. Carborundum Company, 667. 14. SAME-ELECTRIC SMELTING-FURNACE - No. 319,945-NOVELTY-INFRINGEMENT-Letters Patent No. 319,945, granted June 9, 1885, to Eugene H. Cowles et al., for an electric smelting-furnace, was assailed as being void for lack of patentable novelty, but as it was held that it was not infringed the question of patentability was not passed upon. *id.

15. DE LONG-GARMENT-HOOK-No. 462,473-VALID-NOT INFRINGED-Letters Patent No. 462,473, granted November 3, 1891, to Frank E. De Long, for a garment-hook, construed and Held valid and not infringed. *Campbell et al. v. Richardson et al., 300.

-

16. DODGE AND PHILION SEPARABLE PULLEY No. 260,462 - VALID AND INFRINGED-Letters Patent No. 260.462, granted July 4, 1882, to Wallace H. Dodge and George Philion, for a separable pulley, examined in view of the prior art and Held valid and infringed. * Dodge et al v. Post & Co. et al., 233. 17. DODGE CHAIN CABLE-No. 264,139-VALID-INFRINGED-Letters Patent No. 264,139, granted to James M. Dodge, September 12, 1882, for an improvement in chain cables, consisting in inserting between the links of an ordinary chain cable metal blocks of such conformation as to seat the adjacent end portions of the end chain-links laterally in grooved channels in planes transverse to each other on its exterior, so as to prevent twisting of the metal, Held to be valid and infringed. *Mitchell v. Ewart Manufacturing Company, 642. 18. DUNBAR-Portable Elevator-ReissUE NO. 10,521-INVALID-Reissued Letters Patent No. 10,521, granted September 16, 1884, to Robert Dunbar, for a portable elevator adapted for use, in connection with an ordinary grainelevator, for unloading grain from vessels, Held to be void for want of novelty, the improvement being within the range of ordinary mechanical skill. (C. D., 1896, 478; 76 O. G., 788, reversed.) *Dunbar et al. v. Eastern Elevating Company et al., 620.

19. FAIRBANKS AND BERLO-RIM FOR BICYCle-Wheels - No. 496,971-Valid— INVENTION-Letters Patent No. 496,971, granted May 9, 1893, to A. C. Fairbanks and P. J. Berlo, for an improvement in rims for bicycle-wheels, examined and Held valid and a product of inventive faculties. *Fairbanks Wood Rim Company v. Moore, 384.

20. GATES-JOURNAL-BEARING FOR STONE-Crushers-No. 259,681-VALID AND INFRINGED-Letters l'atent No. 259,681, granted June 20, 1882, to Philetus W. Gates, for a journal-bearing for stone and ore crushers, examined and Held valid and infringed. *Gates Iron Works v. Fraser & Chalmers, 495. 21. GINDORFF-METHOD OF AND MACHINE FOR SERRATING SICKLE-SECTIONS-No. 524,965-Valid-Letters Patent No. 521,965, granted to Matthew Gindorff, August 21, 1891, for a method of and machine for serrating sickle-sections, examined and as to claim 1 thereof Held valid and infringed. *Gindorff et al. v. Deering & Co. et al., 577.

22. SAME-SAME-SAME-Vom-Letters Patent No. 524,965, granted to Matthew Gindorff, Angust 21, 1894, for a method of and machine for serrating sicklesections examined and as to claims 4 and 5 thereof Held void for lack of patentability, in view of Risdon Iron and Locomotive Works v. Medart (C D., 1895, 330; 71 0. G., 751; 158 U. S., 68.) *Id.

PARTICULAR PATENTS-Continued.

23. HOFFMANN AND WEINBERG - NAPHTHOL-BLACK COLOR COMPOUND- No. 345,901-VALID and InfringeD-Letters Patent No. 345,901, granted July 20, 1886, to Meinhard Hoffmann and Arthur Weinberg, for naphthol-black color compound, examined and Held valid and infringed. Matheson v. Campbell, 385.

24. SAME-SAME-SAME-NON-INFRINGEMENT-Letters Patent No. 345,901, granted July 20, 1886, to Meinhard Hoffmann and Arthur Weinberg, for naphtholblack color compound, examined and Held not infringed. *Matheson v. Campbell, 390.

25. HOMAN-Central-DraFT LAMP-No. 477,865-VOID-NOT INFRINGED-Letters Patent No. 477,865, granted June 28, 1892, to William C. Homan, for a central draft lamp, examined and Held void for want of invention, and also Held not infringed. * Edward Miller & Company v. Meriden Bronze Company et al., 466.

26. HOUSTON AND

THOMSON-CENTRIFUGAL

CREAMER-No. 239,659-NOT INFRINGED-Letters Patent granted April 5, 1881, to Edwin J. Houston and Elihu Thomson, for a centrifugal creamer, examined and Held not infringed. * Philadelphia Creamery Supply Company, Limited, v. Davis § Rankin Building and Manufacturing Company, 437.

27. Hunt-Fire-Cracker—No. 547,921—INVALID-Letters Patent No. 547,921, granted to Edmond S. Hunt, October 15, 1895, for an improvement in firecrackers, in which the fuse is held in place by a portion of the tube forced in and down to form ridges extending toward the fuse and forming a rosette, with the fuse projecting from its center, Held to be void for want of novelty, in view of the prior state of the art. * Hunt v. Archibald et al., 640. 28. HYATT-PURIFYING WATER-NO. 293,740-VALID AND INFRINGED-Letters Patent No. 293,740, granted February 19, 1884, to Isaiah S. Hyatt, for a method of purifying water, examined and Held presumably valid and infringed. *New York Filter Manufacturing Company v. Niagara Falls Water Works Company, 315.

29. KEEP STOVE-No. 368,770-ValidITY-INFRINGEMENT--Letters Patent No. 368,770, granted to William J. Keep, August 23, 1887, for an improvement in stoves, the main features of which are the drawing inwardly of the wall of the stove over the fire-pot, putting mica in the inturned wall to permit the passage of heat and light rays, and placing a reflector over the stove in a position to catch and reflect the light, Held to be valid and infringed as to claims 2 and 5, but not infringed as to claim 3, which covers a more limited structure. Michigan Stove Company v. Fuller-Warren Company, 647. 30. KEEP AND WIPFLER-HEATING-STOVE-DESIGN No. 18,190-INFRINGEMENT— Claims 2, 3, and 4 of Design Patent No. 18,190, granted to William J. Keep and Charles Wipfler, March 20, 1888, for a heating-stove, are not infringed by defendant's stove, which in its appearance, either generally or in detail, does not so far resemble the complainant's design as to deceive purchasers or dealers, but, on the contrary, seems to be well distinguished in form and ornamentation. *Id.

31. KURTZ-BAND FOR PROTECTING SCREW-THREADS OF PIPES-NO. 440,168VALID-Letters Patent No. 440,168, granted November 11, 1890, to John A. Kurtz, for a band for protecting screw-threads of pipes, Held valid. *McDowell et al. v. Kurtz, 302.

32. LARAWAY-MECHANISM FOR PREVENTING A MOLDED BARREL-BODY FROM SHRINKING-No. 339,064-NOT INFRINGED-Letters Patent No. 339,064, granted March 30, 1886, to George W. Laraway, for an improvement in mechanism for preventing a molded barrel-body from shrinking in diameter at either end while being dried, Held to be for a doubtful invention and 15377-56

PARTICULAR PATENTS-Continued.

when properly construed not infringed. *Keyes v. United Indurated Fibre Company, 576.

33. LECHNER-MINING-MACHINE-NO. 432,754-VALID-INFRINGED-Letters Patent No. 432,754, granted July 22, 1890, to F. M. Lechner, examined, and in view of the state of the art Held valid and infringed. *Independent Electric Company v. Jeffrey Manufacturing Company et al., 287.

34. LIGOWSKY-CARTRIDGE-LOADING MACHINE-NO. 464,883-PRIORITY AFFIRMED-The action of the Patent Office and of the circuit court in adjudging priority in favor of George Ligowsky in the interference Ligowsky v. Peters v. Hisey, Cartridge Loading Machine, Held correct. Standard Cartridge Company et al. v. Peters Cartridge Company, 257.

35. LIVENGOOD et al.-BALING-PRESS-No. 495,944-INFRINGED-Claim 5 of Letters Patent No. 495,944, granted April 18, 1893, to James E. Knight, Edward Kelly, and William A. Alderson as assignees of Winfield S. Livengood, Walter H. Chadbourne, and James M. Gibbons, for a baling-press, construed and Held to be infringed. *Kansas City Hay-Press Company v. Devol et al., 712. 36. MUNSON-MANUFACTURE OF BOXES FROM PAPER, CARDBOARD, &c.—No. 259,416-VOID-Letters Patent No. 259,416, granted June 13, 1882, to Edward B. and Harvey S. Munson, for the manufacture of boxes from paper, cardboard etc., examined and Held void for want of invention and of novelty. *National Folding Box and Paper Company v. Stecher Lithographic Company et al., 310.

37. SAME-SAME-SAME-SAME-MECHANICAL SKILL-Letters Patent No. 259,416, granted June 13, 1882, to Edward B. Munson and Harvey S. Munson, for an improvement in the manufacture of paper boxes, construed and Held to be invalid, as the changes over the prior art were of that order of mechanical detail which is far removed from inventive skill. *National Folding Buz and Paper Company v. Stecher Lithographic Company et al., 608.

38. MUSGRAVE AND NYE-FUEL-NON-PATENTABILITY-Application of N. W. Musgrave and H. P. Nye, for fuel and process of manufacture, examined and Held not patentable in view of the prior art. Ex parte Musgrave and Nye, 11. 39. SAME-SAME-SAME-Application of Nathan W. Musgrave and Harold P. Nye, for smokeless fuel and process of preparing it, Held not patentable in view of the prior art. Musgrave and Nye v. Commissioner of Patents, 336. 40. MYERS-STOVE FOR HEATING AND LIGHTING PURPOSES-REISSUE NO. 11,383— VALIDITY-Reissue Letters Patent No. 11,383, granted November 7, 1893, t John F. Myers, for a stove for heating and lighting purposes, Held to valid, although the claims of the original patent had been broadened by omission of certain unpatentable elements, and although a patent for sr stantially the same thing had been granted to another party, who h merely substituted a base-ring of the Myers original patent and added heat-deflecting ring on the top of Myers's device. "Gaskill et al. v. Myers, 41. SAME-LAMP-STOVE-DESIGN NO. 22,911-VALIDITY-Design Letters Pat No. 22,911, granted November 14, 1893, to John F. Myers, for a design for lamp-stove, shows sufficient originality and invention to sustain its validity. (Gilbert, judge, dissenting.) *Id.

42. NEIL CARPET-DESIGN No. 24,021-INFRINGED-Design Letters Patent No. 24,021, granted February 12, 1895, to John B. Neil, for a carpet-body, construed and Held infringed. Whittall v. Lowell Manufacturing Company, 599. 43. NEWBERG-COASTER-No. 411,255-ANTICIPATED-INVALID-Letters Patent No. 411,255, granted September 17, 1889, to John P. Newberg, for improvements in coasters or inclined pleasure-railways, consisting of an inclined plane erected adjacent to and terminating in a body of water and a boatshaped car or toboggan having runners and guides, and spray-deflectors,