covers the fact of reduction to practice, and is sufficient to carry the date back of the application.
-Prindle v. Brown, 155 Fed. 531... .....84 C. C. A. 45 Where the essence of an invention is the location, form, size, or any other characteristic of the means employed, the patentee must distinctly specify the peculiarities in which his invention is to be found.
-American Lava Co. v. Steward, 155 Fed. 731......84 C. C. A. 157 While it is competent, when the circumstances permit it, for an in- ventor in describing a machine or apparatus which he has devised to make a claim for a process which his patented device is capable of carrying out, to entitle him to do so, the process must be one capable of being car- ried out by other means, otherwise the claim is merely for a function of the machine; and, unless such other means are known or are within the reach of ordinary skill or judgment, the patentee is bound to point them out.
-American Lava Co. v. Steward, 155 Fed. 731.........84 C. C. A: 157 An amendment to an application for a patent made to introduce a new theory of the invention, and which contains new claims covering a process based on such theory, neither of which were mentioned in the original application, if permissible as within the invention, should be verified by the oath of the inventor.
-American Lava Co. v. Steward, 155 Fed. 731......84 C. C. A. 157
The claim that a British patent covering an invention also patented in the United States was taken out by an intermeddler, and was unauthoriz- ed, and therefore that its expiration did not affect the term of the Ameri- can patent, cannot be sustained, where the American patentees authorized the taking out of a patent in England, and under the other circumstances named in the opinion, did not repudiate the one in fact obtained until aft- er its expiration.
-United Shoe Machinery Co. v. Duplessis Shoe Machinery Co., 155 Fed. 842...... .84 C. C. A. 76
Article 4 bis, inserted in the international convention for the protec tion of industrial property of March 20, 1883, by the additional conven- tion or act of December 14, 1900, proclaimed by the President August 23, 1902 (32 Stat. 1936, 1939), as controlled and construed by Act March 3, 1903, c. 1019, 32 Stat. 1225 [U. S. Comp. St. Supp. 1905, p. 663], "to ef- fectuate the provisions" of such additional act of convention, did not have the effect of changing the term of an existing United States patent as fixed by statute at the time of its issuance; and such a patent granted prior to January 1, 1898, and which is limited by the provisions of Rev. St. § 4887 [U. S. Comp. St. 1901, p. 3382], to the term of a prior foreign pat- ent, is not extended by such additional act.
-United Shoe Machinery Co. v. Duplessis Shoe Machinery Co., 155 Fed. 842..... ...84 C. C. A. 76
§ 4. Construction and operation of letters patent.
Where an applicant for a patent repeatedly acquiesced in the rejection of broad claims and substituted therefor narrower ones until his applica- tion was granted, the owner of the patent cannot be heard to insist that the narrower claims allowed shall cover the same as the broader ones rejected.
-St. Louis Street Flushing Mach. Co. v. American Street Flushing Mach. Co., 156 Fed. 574..... ....84 C. C. A. 340
The findings of a master as to the profits and damages recoverable from a defendant for infringement of the Cazier patent No. 696,940 for a trou- sers hanger held supported by the evidence.
-Mackie-Lovejoy Mfg. Co. v. Cazier, 157 Fed. 88.....84 C. C. A. 591
6. Decisions on the validity, construction, and infringement of particular patents.
The Laass and Hey patent, No. 388,366, and the Hey patent, No. 632,527, for stamp canceling machines of the type in which the letter actuates the printing mechanism, construed, and held not infringed.
-International Postal Supply Co. of New York v. American Postal Machines Co., 156 Fed. 362... ..84 C. C. A. 260
The French and Meyer patent, No. 412.704, for a sole sewing machine, expired September 17, 1902, with the expiration of the term of the prior British patent, No. 13,366, of 1888, granted to the same patentees for substantially the same invention.
-United Shoe Machinery Co. v. Duplessis Shoe Machinery Co., 155 Fed. 842. .....84 C. C. A. 76 The Stanley patent, No. 469.809, for a system of electrical distribution, was not anticipated by the Zipernowski and Deri article published in London in 1885.
-Westinghouse Electric & Mfg. Co. v. Montgomery Electric Light & Power Co., 156 Fed. 582...... .84 C. C. A. 348
The Dolan patent, No. 589.432, for an acetylene gas burner, and the process embodied therein, claims 1, 2, and 3 are void (1) for anticipation. especially by the French patent to Bullier of April 20, 1895; and, additions thereto (2), for indefiniteness of description; and (3) because they were new claims based on a new theory of the principle of the invention added by an amendment to the application made in the Patent Office which was not verified.
-American Lava Co. v. Steward, 155 Fed. 731........84 C. C. A. 157 The Potter patent, No. 689,906, for a detonating device for exploding toy torpedoes, is void for lack of invention and anticipation.
-Potter v. Lake Shore Novelty Co., 155 Fed. 278.....84 C. C. A. 166 The Ottofy patent, No. 795,059, for a street flushing cart, covers a device for scouring and flushing streets by forcing water under pressure from a tank located on a moving cart, connected by a pipe extending downward to near the surface of the street, forward of the rear wheels, to nozzles having narrow elongated delivery apertures, and so adjusted that the water is forced out of the apertures in a flat sheet nearly parallel with the surface of the street in a forward and lateral direction, so as to loosen up the dirt and force it away to the sides of the street, and into the gutters, without injury to the surface of the street. The combination of parts by which such result is effected was not anticipated, and discloses invention, but the patent is limited by the prior art to the combination and means shown for producing such flat stream nearly parallel to the street. As so construed held infringed.
-St. Louis Street Flushing Mach. Co. v. American Street Flushing Mach. Co., 156 Fed. 574.. ...84 C. C. A. 340
For infringement of copyright, see "Copyrights," § 2.
§ 1. Offenses and responsibility therefor.
On the trial of a defendant charged with a violation of Rev. St. § 5395 [U. S. Comp. St. 1901, p. 3654], which denounces a penalty against one who "knowingly swears falsely" in making any oath under any law re- lating to naturalization, it is sufficient to warrant conviction if defend- ant knowingly and willfully testified falsely, and it is not necessary that his act should also have been corrupt or malicious.
-Holmgren v. United States, 156 Fed. 439.....
To support an indictment for subornation of perjury based on the al- leged procurement of the making of a false affidavit or oath before the receiver or register of a land office in support of an application to enter land under the homestead law, it is not essential that the affidavit should have been subscribed as well as sworn to before such officer.
-Nurnberger v. United States, 156 Fed. 721........... .84 C. C. A. 377
§ 2. Prosecution and punishment.
Instructions on the trial of a defendant charged with perjury in nat- uralization proceedings, under Rev. St. § 5395 [U. S. Comp. St. 1901, p. 3654], considered and approved.
-Holmgren v. United States, 156 Fed. 439...........84 C. C. A. 301 An indictment for subornation of perjury in procuring another to make a false oath or affidavit before the receiver of a land office to secure an entry of land, which avers that such oath or affidavit was made in sup- port of "a certain application in writing to enter under the homestead laws of the United States, subject to entry at said land office," certain land described, is sufficient after verdict as showing that the land describ- ed was at the time public land of the United States subject to homestead entry at such land office.
-Nurnberger v. United States, 156 Fed. 721..........84 C. C. A. 377 On the trial of such an indictment, the tract book kept by the register of the land office is admissible in evidence to establish the fact that the lands to which the application related were public lands subject to home- stead entry at such office, and it is competent for the register as a witness to explain the meaning of abbreviations used therein.
-Nurnberger v. United States, 156 Fed. 721.........84 C. C. A. 377 On the trial of a defendant charged with subornation of perjury in pro- curing homestead entrymen to make the required oath that the entry was not made for the benefit of any other person, when in fact they had agreed to convey the land to defendant for a stipulated price as soon as
they obtained title, it was error to refuse to permit defendant to testify that he made no such agreements, but that the agreements actually made, as he understood them, left the conveyance optional with the other par- ties or to other facts, which tended to show that his act was not willful nor corrupt, as required by the statute to constitute the crime charged. -Nurnberger v. United States, 156 Fed. 721..........84 C. C. A. 377 Instructions, given on the trial of a defendant charged with suborna- tion of perjury in procuring homestead entrymen to make false oaths, held erroneous and misleading, in that they authorized the jury to con- vict in case they found that any statement made by affiants in their affidavits was false and was intentionally sworn to, when there was evidence tending to show that some of the recitals in the affidavits re- specting the intention to reside on and improve the land as affiants un- derstood the law were not applicable to their entries, and that their act in swearing to the same was not therefore willful and corrupt, as re- quired by Rev. St. § 2291, as amended by Act March 3, 1877. c. 122, § 2. 19 Stat. 404 [U. S. Comp. St. 1901, p. 1391], to constitute the crime of perjury.
-Nurnberger v. United States, 156 Fed. 721........84 C. C. A. 377
Liability of receiver, see "Receivers," § 2.
Particular causes or means of injury.
Operation of railroads, see "Railroads," §§ 1, 2.
Particular classes of persons injured.
Employé, see "Master and Servant," §§ 2-5.
Traveler on highway crossing railroad, see "Railroads," § 2. Trespasser on demised premises, see "Landlord and Tenant," § 2.
Construction of instructions, see "Trial," § 2.
Evidence of damages, see "Damages," § 1. Pleading damages, see "Damages," § 1. Relevancy of evidence, see "Evidence," § 2.
In bankruptcy, see "Bankruptcy," § 1. In pleading, see "Pleading," § 2.
In civil actions, see "Pleading," § 3.
In criminal prosecutions, see "Criminal Law," § 4.
Admissions in pleading as evidence, see "Evidence," § 3.
Allegations as to particular facts, acts, or transactions.
See "Damages." § 1; "Release," § 2.
Statute of limitations, see "Limitation of Actions," § 2.
In particular actions or proceedings.
See "Ejectment," § 1; "Equity," § 3; "Fraud," § 2.
For unfair competition, see "Trade-Marks and Trade-Names," § 2.
Indictment or criminal information or complaint, see "Indictment and Infor- mation."
Pleas in criminal prosecutions, see "Criminal Law," § 4.
§ 1. Form and allegations in general.
Where plaintiff deposited money to indemnify his sureties on injunction bonds against loss on account of a judgment rendered against them and plaintiff on such bonds, a complaint to recover such money from the de- positary does not state a cause of action, where it alleges merely that the judgment was satisfied on the docket by the clerk of the court on return of an execution issued thereon "fully satisfied"; there being no allegation that the judgment has been in fact paid and satisfied. Nor is such com- plaint made good by an allegation that the sureties are not liable on such judgment, which is a mere conclusion of law.
-Cambers v. First Nat. Bank of Butte, 156 Fed. 482..84 C. C. A. 292
§ 2. Declaration, complaint, petition, or statement.
A declaration, in an action to recover for a tort committed by railroad receivers, against a purchaser which succeeded to the property, is not bad for duplicity because it alleges as grounds of liability an express assumption of liability for all claims against the receivership, and also that the defendant succeeded to betterments and improvements made by the receivers from earnings of the receivership which were liable for plaintiff's claim.
-Gray v. Grand Trunk Western Ry. Co., 156 Fed. 736.
§ 3. Plea or answer, cross-complaint, and affidavit of defense. An answer construed, and, although lacking in clearness of statement, held to sufficiently plead a counterclaim as against a general demurrer. -Fish v. First Nat. Bank, of Seattle, Wash., 157 Fed. 87...
Of insurance, see "Insurance."
See "Adverse Possession."
To sustain suit to quiet title, see "Quieting Title," § 1.
1. Offenses against postal laws.
A scheme by which certificates are issued by a corporation, on each of which the holder agrees to pay $1 per week, subject to forfeiture for non- payment, and about 75 per cent. of which payments are paid into a "mu- tual benefit credit fund" until all certificates prior in date have matured and been canceled, when his own certificate shall mature, and he shall be paid from such fund the sum of $2 for each week such certificate has been in force, provided there is so much in the fund, not exceeding however $160, is a lottery within the meaning of Rev. St. § 3894 [U. S. Comp. St. 1901, p. 2659], and any person engaged in conducting such scheme by means of letters or circulars sent through the mails is guilty of a criminal of- fense under said section.
-Fitzsimmons v. United States, 156 Fed. 477.........84 C. C. A. 287
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