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INDEX.

ABANDONED APPLICATION. See s. 8, 5; s. 9 (4), 5; and s. 4 of
Act of 1885, 32.

ACCEPTANCE. S. 7 (4), 5; s. 10, 6.

ACCOUNT, See Action.

s. 30, 14.

ACQUIESCENCE. See Action (Interlocutory Injunction).

ACTION,

Parties,

other defendants cannot be added at the instance of a de-
fendant, 55.

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(a) of breaches, s. 29, 14.

sufficiency of, in Elsey v. Butler, 96.

stating pages and lines, 204.

"In particular and by way of illustration," struck out, 237.

where defendants are not manufacturers, 217.

ought not to be a general vague statement, 104.
interrogatories by defendant with regard to, 166.

(b) of objections, s. 29, 14.

delivery of, where there are two or more defendants, 68.
shewing parts of prior specifications relied on, 100, 110.

should shew the nature and scope of an objection of variance

between provisional and complete, 34.

should raise the point of variance, 244.
amendment of, before trial, 180.

amendment at trial, 167.

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of reports of examiners, s. 9 (5), 6,

inspection before claim, 79.

order for defendants on inspection to work their machinery, 106;
but see 79.

inspection of works of plaintiff's licensees, 106.

application for inspection must be founded on prima facie evidence
of infringement, 104.

application granted if Court will otherwise be at a disadvantage
at the trial, 105.

course where a trade secret might be disclosed on an inspec-
tion, 187.

Interrogatories,

where infringement is not admitted, 149.

as to an abandoned patent, 165.

by defendant with regard to breaches, 166.

privilege does not attach to a communication with a patent-
agent, 164.

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evidence of publication of anticipation, 180, 181.

cross-examination for purpose of amending particulars, 167.

value of evidence of witnesses whose attention was first called to
the infringement and then to the patent, 38.

letter of request to German Court to examine a witness, 150.

Judgment,

s. 17 (4b), 8.

s. 20, 10.

s. 30, 14.

destruction or delivery up, 129, 239.

damages, measure of, 217.

injunction quia timet, 229.

injunction, what a breach of, 227.

on admissions, 227.

Certificates,

8. 31, 14.

where defendant's case not gone into, 108; and see 182.

no certificate of validity given if the defendant does not appear,
184.

that objections proved, 70.

by Court of Appeal, 70.

Costs,

s. 29 (6), 14

where infringement proved, but patent bad, 39, 200.

where patent good but no infringement, 178.

where action is brought on two patents and one is abandoned, 129,

to the victor, 161, 213.

ACTION-continued.

Costs-continued.

where no decision, 174.

solicitor and client, costs refused where patent impeached on new

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AMENDMENT,

Of specification by way of disclaimer, correction or explanation.

under s. 18, 8.

before complete accepted there can be no amendment under
s. 18, 308, 313.

the C. G. can impose terms, 310.

C. G. cannot give costs as a condition of allowing amendment,
314.

a term that no proceeding be taken for infringement prior to
1st Jan. 1884, is a usual term, 310.

protection to articles in stock on Jan. 1, 1884, to be verified by
affidavit, 303.

marking protected articles, 316.

renewal of protected articles, 316.

amendment and opposition to grant contemporaneous, 305, 311.

opposition to grant not within s. 18 (10), 305

amendment of title, 308.

disclaiming all but obvious equivalent of disclaimed invention,
312.

Of specification by way of disclaimer when proceedings pending.

under s. 19, 9.

when action is "pending," 72.

after judgment, 148.

terms in Codd v. Bratby, 56.

terms in Singer v. Stassen, 207.

opposition to grant not a legal proceeding, 305.

where more than one action pending the order of the Court must
be obtained in both, 306.

order of Court not exhausted till application dealt with on its
merits, 306.

no special terms added to order of the Court, 307, 310.

but the usual term as to 1st Jan. 1884 is imposed, 307, 310.

of specification by M.R., 309.

C. G. may require amendment under s. 7, 4; and s. 9, 5.

AMENDMENT-continued.

every amendment of a specification to be advertised, s. 21, 10.

C. G. may correct clerical errors in an application or in connection
with one, s. 91, 21.

C. G. may correct clerical errors in name, &c., of registered proprietor,
s. 91, 21.

C. G. has general power of amendment under R. 18, 323.

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ASSIGNOR,

not restrained from disclosing improvements, 155.

not restrained from assisting defendants in actions brought by
assignee, 155.

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