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The Taussig design patent, No. 33,633, for a design for a casing for disinfecting apparatus is valid; the attractive appearance of the casing shown rendering it popular with users, notwithstanding original structural defects. Also, held infringed.

-West Disinfecting Co. v. Frank, 149 Fed. 423......79 C. C. A. 359 The Palmer design patent, No. 36,806, for a design for artificial building blocks, showing the upper portion of the block having a rock face and the lower part smooth, is void for anticipation and lack of invention; it being shown without contradiction that houses still standing were built, prior to the application for the patent, of alternate layers of rock-face and smooth-face stone, presenting substantially the same appearance to the eye as a building of stone made after the design of the patent. -Clark v. Harmon S. Palmer Hollow Concrete Bldg. Block Co., 149 Fed. 1001.

..79 C. C. A. 511

§ 7. Patents enumerated.

387,343. Dynamo, cited...

234 388,307. Numbering machine, cited 179 ENGLISH.

397,340. Armature core, cited.. 235

403,376. Dynamo speeder for gas en1815.

gines, cited... ..507, 508 10,938. Improvement in prepara- 411,131. Furnace for reheating tion of silk, held to an

glassware, held not inticipate U. S. patent No.

fringed, cited.... 513 705,715

60 435,613. Book-sewing machine

claims 3 and 15, held void UNITED STATES.

for lack of patentable

novelty, in view of prior DESIGN.

art

166 33,633. Design for casing for dis

438,077. Clutch, cited.

507 infectant, held valid and

437,704. Regulator for electric geninfringed

359

erators and motors, cited 507 36,806. Design for building stone,

438,204. Electric motor, cited..507, 308 held void for anticipation

410,590. Electrical governor, cited.. 507 and lack of invention... 511 +12,855. Furnace

for reheating

glassware, held not inORIGINAL,

fringed

513 64,038. Machine for making book

449,959. Ball bearings, held not in

fringed
covers, cited..
446

..177, 178 10.5.329. Book-sewing machine, cited 169 | 449,968. Ball bearings, beld not in. 181,979. Separable button

fringed

..177, 178 catch,

152,976. Governor for phonographs, cited

181
cited

507 195,322. Governor for regulating 156,392. Speed governor, cited.. 507 .

the speed of machinery, 162,348. Gearing for electro - magcited

507

netic motors, cited..... 507 210.847. Governor, cited.

507 | 463,171. Machine for folding ter 230,201. Magneto-electric generator

tile or other material, for telephone call-signals,

cited

446 cited

507 472,607. Feeders for cotton gin, held 267.065. Governor, cited.

507

not anticipated and val258,0.51. Armature core, cited.

id. Also held infringed 295,000. Governor for water wheels,

as to claims 1, 2, 9 and cited

507

12

.499, 500, 501, 505 298,613. Hat rounding machine, cit- 478,473. Seed-cotton receiver, cited 501 ed

446 | 485,130. Folding machine, cited... 446 308,790. Apparatus for handling

188,446. Apparatus for feeding seed seed cotton, cited.... 501

cotton to gins, cited.... 500 345.670. Speed regulator, cited... 507 | 191,829. Electric motor regulator, 350,991. Book-sewing machine, cit

cited

...507, 508 ed

170, 171 302,678. Machine for folding collar 3.52,368. Gas engine speeder, cited.. 507

or cuff blanks, cited... 416 362,041. Apparatus for handling cot- 504,132. Means for transmitting ton, cited......

501

power from car axles to 367.241. Means for connecting en

dynamos, cited...

507 gines and dynamos, cited 507 508,637. Armature cores, held void 368,265. Electro mechanical brake,

for lack of invention, cited

507

and insufficiency of de371,000. Glove fastener, cited... 181

scription

229, 230 79 C.C.A.-38

23:3

513,603. Eye guard, held void for 644,532. Cotton elevator and gin anticipation

509

feeder, held void for an520,535. Machine for turning cuff

ticipation

...500, 505 blanks, cited..

446 645,871. Folding machine, not antic532,554. Candy cutting machine,

ipated, held valid and held valid and infringed 449

infringed

443 547,671. Cotton cleaning apparatus, 659,194. Speed regulator, cited. 507 cited

505 676,084. Numbering machine, held 570,148. Car truss, held void for

not infringed..

178 lack of patentable novel.

680,165. Cotton elevator, cleaner, ty

.89, 90

and fader, cited.. 505 :570,621. Cell-case machine, çited.; 175 688,690. Printing presses, held not 580,000. Separable button, claim 1

infringed ....171, 172 held not anticipated, valid and infringed... 180

705,715. Process for lustering silk, 599,438. Knitted fabric, held not in

held void for anticipa

tion by British patent fringed

163 622,403. Cell-ca se machine, held

No. 10,938 of 1845.. void for lack of novelty

60, 61, 62 and invention as to claim

705,716. Machine for lustering silk, 1, and not infringed as to

held void for anticipaclaim 19..

174

tion and for lack of pat633,516. Centrifugal electric switch,

entable novelty...60, 61, 62 cited

507 751,993. Speed regulator for gene642,869. Controller for spark gene

rators, cited...

507 rator, construed and held 757,891. Pulley driving mechanism, not infringed.......503, 506

cited

507

PAYMENT.

By guarantor, see "Guaranty,” g 3.
of insurance premiums, see "Insurance," 1.
Of price of land sold, see “Vendor and Purchaser," § 2.
f 1. Recovery of payments.

A consignee of a shipment of fruit, which, after the same was dellvered to it and with full knowledge of the facts, paid without objection the charges of the carrier, including a charge for icing in transit, in addition to the published tariff rate for carriage, cannot thereafter maintain an action to recover back the amount of such icing charge, on the ground that it was illegally exacted. -Knudson-Ferguson Fruit Co. v. Chicago, St. P., M. & 0. Ry. Co., 149 Fed. 973..

.79 C. O. A. 483

PENALTIES.

Under contracts, see "Damages,” 8 2.

PERJURY. False oath by bankrupt, see "Bankruptcy," $ 9.

PERSONAL INJURIES.

Particular causes or means of injury.
See “Negligence."
Operation of street railroads, see "Street Railroads,” 1.

Particular classes of persons injured.
See "Seamen."
Employé, see "Master and Servant,” 1.
Passenger, see “Carriers," $ 3.
Passenger on vessel, see "Shipping," 1.

PETITION.

In judicial proceedings.
See "Removal of Causes," $ 2.
In bankruptcy, see "Bankruptcy,” $ 1.
To revise in bankruptcy proceedings, see "Bankruptcy," $ &

PIERS.

See “Wharves."

PLEA.

In criminal prosecutions, see "Criminal Law," $ 2.

PLEADING.

In particular actions or proceedings.
See “Admiralty," § 1; "Bankruptcy," § 1; “Equity,” $ 1; “Injunction,” $ 3.
For infringement of patent, see “Patents,” 8 4.
For personal injuries, see “Master and Servant,” $ 2.
For price of land, see "Vendor and Purchaser," $ 4.
For relief against fraud in sale of public land, see “Public Lands," $ 1.
Indictment or criminal information or complaint, see “Indictment and Infor

mation."
Petition to revise in bankruptcy, see "Bankruptcy," $ 8.
Pleas in criminal prosecutions, see "Criminal Law," $ 2.
To foreclose mortgage, see “Mortgages," 1.

Review of decisions and pleading in appellate courts.
Finality of rulings on for purpose of review, see "Appeal and Error," $ 1.
Objections for purpose of review, see "Appeal and Error," 8 2.

PLEDGES.

Recovery of pledge from trustee in bankruptcy, see "Bankruptcy," $ 2.

POLICY.

of insurance, see "Insurance."

PRACTICE.

Adoption by United States courts of practice of state courts, see "Courts," $ 1.
In patent office, see “Patents," $ 3.
Procedure of particular courts, see “Courts."

In particular civil actions or proceedings.
Cond pnation proceedings, see "Eminent Domain," § 1.

Particular proceedings in actions.
See “Evidence"; "Judgment"; "Jury"; "Removal of Causes"; "Trial.”
Verdict, see “Trial," $ 3.

Particular remedies in or incident to actions. See "Injunction."

Procedure in criminal prosecutions. See "Criminal Law."

Procedure in exercise of special or limited jurisdiction.
In admiralty, see “Admiralty"; "Collision," $ 3; "Salvage," $ 3.
In bankruptcy, see "Bankruptcy," $ 1.
In equity, see “Equity."

Procedure on review.
See "Appeal and Error”; “Exceptions, Bill of.”

PREJUDICE.

Ground for reversal in civil actions, see "Appeal and Error," § 7.

PRELIMINARY INJUNCTION. See "Injunction," $ 4.

PREMIUMS.

Insurance premiums, see "Insurance," 8 1.

PRESUMPTIONS.

In civil actions, see "Evidence," $ 1.

PRINCIPAL AND AGENT.

Agency of partner for firm, see “Partnership,” s 1.
Insurance agents, see "Insurance,” g 1.
f 1. Mutual rights, duties, and liabilities.

Where, in an action for services under an alleged express contract to pay 10 per cent of the price of certain sales of niachinery made by plaintiff, defendant denied the contract as alleged, and averred that the agreement provided for a much smaller compensation, evidence as to the reasonable value of plaintiff's services was admissible as bearing on the question as to which agreement was made. -Standard Plunger Elevator Co. v. Brumley, 149 Fed. 184.....

79 C. C. A. 132 Where, in an action for agents' commissions on sales of machinery, the oral contract sued on did not provide as to the time when the amounts claimed should be payable, evidence as to the time usually fixed for the payment of similar commissions was admissible. -Standard Plunger Elevator Co. v. Brumley, 149 Fed. 184.....

79 C. C. A. 132 Where, in an action for agents' services in the sale of certain machinery, plaintiffs claimed for additional services rendered to defendants in the performance of certain contracts outside their general oral contract of agency, whether such extra services were incident to such contract or whether they were independent thereof was for the jury. -Standard Plunger Elevator Co. v. Brumley, 149 Fed. 184...

79 C. C. A. 132

PRINCIPAL AND SURETY.

See "Guaranty."

PRIORITIES.

Between claims againsi bankrupt estate, see “Bankruptcy," $ 6.

PRIVILEGE. or witness as to testimony, see "Witnesses,” | 1.

PRIVILEGED COMMUNICATIONS.

Defamatory communications, see “Líbel and Slander," $ 1

PROCESS.

See "Injunction."

PROMISSORY NOTES.

See "Bills and Notes."

PROPERTY.

Particular species of property. See “Mines and Minerals”; “Shipping"; "Trade Marks and Trade-Names."

Remedies involving or affecting property. Protection of rights of property by injunction, see “Injunction," $ 2.

Transfers and other matters affecting title. Taking for public use, see “Eminent Domain."

PROXIMATE CAUSE.

Direct or remote consequences of injury, see “Damages," $ 1.

PUBLICATION.

of libel, see "Libel and Slander," $8 1, 2.

PUBLIC LANDS.

Mineral lands, see "Mines and Minerals," $ 1.

8 1. Survey and disposal of lands of United States.

Under Act Cong. March 3, 1891, c. 561, 26 Stat. 1099 [U. S. Comp. St. 1901, p. 1467], providing for the disposition of town site lots in Alaska, and authorizing the trial of conflicting claims before the trustee on notice with an appeal to the Commissioner of the General Land Office, and from his

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