Substitution. — Patentability. The substitution of one element of a combination by a different element whereby a new and different result is attained is frequently patentable. This is true where the result involved invention to conceive it, or invention to select the proper substitute for the old element, or where a combination is defective, and it is discovered that a change even in material, of one of its elements, will produce a new, useful, and greatly better result, the substitution will generally amount to invention and be patentable. Merwin, Patentability of Inventions, ch. vi.; Hotchkiss v. Greenwood, 11 How. 248; Hicks v. Kelsey, 18 Wall. 670; Smith v. Goodyear Dental Vuicanite Co. 93 U. S.

486.

Suggestions to Inventors. - Suggestions to an inventor to defeat his claim to a patent must be so complete and comprehensive as to have entitled the suggestor to have himself made application for a patent upon the ideas suggested, but not otherwise. An inventor who lacks mechanical skill to carry out his idea in practical form will not defeat his right to a patent by employing a mechanic to carry his plans into execution. Agawam Co. v. Jordon, 7 Wall. 583 (1868).

Surrender of Letters Patent.-Letters patent must be surrendered before reissue, but R. S. § 4919, provides that such surrender shall not take effect until the reissue is granted. If, therefore, for any cause an invalid reissue should be granted, a reissue in the legal sense would not be granted at all, and hence the surrender would not take effect and the original patent would remain in full force and effect. But see Burrell v. Hackley, 44 O. G. 1400 (1888); Eby v King, 158 U. S. 366.

Term of Patent. The term of a United States patent is seventeen years, unless the invention has been previously patented in a foreign country, in which case the United States patent is limited to expire with the shortest termed foreign patent upon the same invention. (R. S. § 4887.) This provision makes it very important in patenting inventions in this and foreign countries, to see to it that no foreign patent bears a date anterior to the United States patent. See Foreign Patent.

Time for taking Evidence in Patent Causes. - Rule 69 of Supreme Court: "Three months, and no more, shall be allowed for the taking of testimony after the cause is at issue, unless the court or a judge thereof shall, upon special cause shown by either party, enlarge the time, and no testimony taken after such period shall be allowed to be read at the hearing."

Title. The law recognizes both legal and equitable titles in patents. An equitable title in a patent will arise when the patent is granted to an inventor for an invention patented, made, or completed after the execution of an assignment adapted to convey it. Such a title will be enforced by a court of equity. Littlefield v. Berry, 21 Wall. 226 (1874); Nesmith v. Calvert, 1 Woodb. & Minot, 34 (1845); Continental Windmill Co. v. Empire Windmill Co. 8 Blatch. 295 (1871); Sayles v. Dubuque, etc. R. R. Co. 5 Dill. 563 (1878). Trusts. The fact that a corporation complainant in a patent suit is a member of an illegal combination or trust is no defense to such action. Brown Saddle Co. v. Troxel Co. 98 U. S. 620 (C. C.); National Folding Box & Paper Co. v. Robertson, 99 F. R. 985.

Utility. High utility will often support a patent, although it may be difficult after the fact to say that invention was required to take the last step which changed failure into success. Krajewski v. Pharr, 105 F. R. 520; Barbed Wire Fence Case, 143 U. S. 275.

Witnesses. Witnesses in interference cases and in cases in equity in the United States courts in infringement suits are summoned and examined under the well known rules of evidence and the rules of the supreme court, and by process issued by the clerk of the circuit court for the district in which they reside.

60

COURT CALENDAR

OF

UNITED STATES COURTS.
1906-1907.

REVISED EXPRESSLY FOR HUBBELL'S LEGAL DIRECTORY, OCTOBER 1, 1906, BY THE CLERKS OF THE
DIFFERENT UNITED STATES COURTS.

Note. For jurisdiction and practice in the Circuit and District Courts, see page 887.

UNITED STATES SUPREME COURT.

Chief Justice, Melville W. Fuller, of Illinois. Associate Justices, John M. Harlan, Kentucky; David J. Brewer, Kansas; (vacancy); Edward D. White, Louisiana; Rufus W. Peckham, New York; Joseph McKenna, California: Oliver Wendell Holmes, Massachu setts; William R. Day, Ohio. Clerk, James H. McKenney. Marshal, John M. Wright. Reporter, Charles Henry Butler.

Terms. At Washington, D. C., 2d Monday in October, annually.
Twenty-five dollars deposit is required on docketing a case.

CIRCUIT COURTS OF THE UNITED STATES.

FIRST CIRCUIT. Associate Justice Supreme Court, Oliver Wendell Holmes, of Massachusetts. Circuit Judges, Le Baron B. Colt, of Bristol, R. I.; W. L. Putnam, of Portland, Maine; Francis C. Lowell, of Boston, Mass.

Composed of the Districts of Maine, New Hampshire, Massachusetts, and Rhode Island. SECOND CIRCUIT. -Associate Justice Supreme Court, Rufus W. Peckham, of New York. Circuit Judges, W. J. Wallace, of Albany, N. Y.; E. Henry Lacombe, of New York; Wm. K. Townsend, of New Haven, Conn.; Alfred C. Coxe, of Utica, N. Y.

Composed of the Districts of Connecticut, Northern, Southern, Eastern, and Western New York, and Vermont.

THIRD CIRCUIT.Associate Justice Supreme Court (vacancy). Circuit Judges, George M. Dallas, of Philadelphia, Pa.; George Gray, of Wilmington, Del.

Composed of the Districts of Delaware, New Jersey, and Eastern, Middle, and Western Pennsylvania.

FOURTH CIRCUIT. - Chief Justice Supreme Court, Melville W. Fuller, of Illinois. Circuit Judges, Nathan Goff, of Clarksburg, W. Va.; J. C. Pritchard, of Asheville, S. C. Composed of the Districts of Maryland, Eastern and Western North Carolina, South Carolina, Eastern and Western Virginia, and West Virginia.

FIFTH CIRCUIT. Associate Justice Supreme Court, Edward D. White, of Louisiana. Circuit Judges, Don. A. Pardee, of New Orleans, La. ; A. P. McCormick, of Dallas, Texas; D. D. Shelby, of Huntsville, Ala.

Composed of the Districts of Northern, Middle, and Southern Alabama, Florida, Northern and Southern Georgia, Louisiana, Mississippi, and Texas.

SIXTH CIRCUIT. - Associate Justice Supreme Court, John M. Harlan, of Kentucky. Circuit Judges, Horace H. Lurton, of Nashville, Tenn.; Henry F. Severens, of Kalamazoo, Mich.; John K. Richards, of Cincinnati, Ohio.

Composed of the Districts of Kentucky, Eastern and Western Michigan, Northern and Southern Ohio, and Eastern, Middle, and Western Tennessee.

SEVENTH CIRCUIT. — · Associate Justice Supreme Court, William R. Day, of Ohio. Circuit Judges, P. S. Grosscup, of Chicago, Ill.; Francis E. Baker, of Indianapolis, Ind.; William H. Seaman, of Sheboygan, Wis.; Christian C. Kohlsaat, of Chicago, Ill.

Composed of the Districts of Northern and Southern Illinois, Indiana, and Eastern and Western Wisconsin.

EIGHTH CIRCUIT. - Associate Justice Supreme Court, David J. Brewer, of Kansas. Circuit Judges, Walter H. Sanborn, of St. Paul, Minn.; Willis Van Devanter, of Cheyenne, Wyo.; William C. Hook, of Leavenworth, Kans.; Elmer B. Adams, of St. Louis, Mo.

Composed of the Districts of Arkansas, Colorado, Iowa, Kansas, Minnesota, Nebraska, and Eastern and Western Missouri, North Dakota, South Dakota, Wyoming, and Utah, and Territories of New Mexico and Oklahoma.

NINTH CIRCUIT. — Associate Justice Supreme Court, Joseph McKenna, of California.

Circuit Judges, Wm. B. Gilbert, of Portland, Oregon; Erskine M. Ross, of Los Angeles, Cal.; William W. Morrow, of San Francisco, Cal.

Composed of the Districts of California, Idaho, Nevada, Montana, Eastern and Western Washington, and Oregon, and the Territories of Alaska, Arizona, and Hawaii.

UNITED STATES CIRCUIT COURT OF APPEALS.

FIRST CIRCUIT. — Circuit Justice, Oliver Wendell Holmes. Circuit Judges, Le Baron B. Colt, William L. Putnam, Francis C. Lowell. Clerk, John G. Stetson. Term at Boston, 1st Tuesday in October. Adjourned monthly sessions will be held on the 1st Tuesday of each month, which is motion day; cases called for argument commencing on the 1st Tuesdays in October and January and 2d Tuesday in April.

Composed of the States of Maine, New Hampshire, Massachusetts, and Rhode Island. SECOND CIRCUIT.. Circuit Justice, William J. Wallace. Circuit Judges, William K. Townsend, E. Henry Lacombe, Alfred C. Coxe. Clerk, William Parkin. Sessions at New York, January 2 and 29, February 26, March 26, April 30, and May 28-3 weeks each, except May session, 2 weeks.

Composed of the States of New York, Connecticut, and Vermont. THIRD CIRCUIT. Circuit Justice, Edward Douglass White. Circuit Judges, Geo. M. Dallas, George Gray, Joseph Buffington. Clerk, William H. Merrick. Terms at Philadelphia, 1st Tuesdays in March and October.

Composed of the States of New Jersey, Pennsylvania, and Delaware.

FOURTH CIRCUIT. · Circuit Justice, Melville W. Fuller. Circuit Judges, Nathan Goff, J. C. Pritchard. Clerk, Henry T. Meloney. Deputy Clerk, Claude M. Dean. Terms at Richmond, 1st Tuesday in February, 1st Tuesday in May, and 1st Tuesday in November.

Composed of the States of Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

FIFTH CIRCUIT. - Circuit Justice, Edward D. White. Circuit Judges, Don. A. Pardee, A. P. McCormick, and David D. Shelby. Clerk, Charles H. Lednum. Terms at Atlanta, Ga., 1st Monday in October; at Montgomery, Ala., 3d Monday in October; at Fort Worth, Texas, 1st Monday in November; at New Orleans, La., 3d Monday in November.

Composed of the States of Texas, Louisiana, Mississippi, Alabama, Georgia, and Florida. SIXTH CIRCUIT. Circuit Justice, John M. Harlan. Circuit Judges, Horace H. Lurton, Henry F. Severens, John K. Richards. Clerk, Frank O. Loveland. Term at Cincinnati on the Tuesday after the 1st Monday in October, and adjourned sessions on the Tuesday after the 1st Monday of each other month in the year, except August and September. A printed docket containing all cases docketed and not heard shall be made by the clerk for the October, January, and April sessions.

Composed of the States of Tennessee, Kentucky, Ohio, and Michigan.

SEVENTH CIRCUIT. — Circuit Justice, William R. Day. Circuit Judges, P. S. Grosscup, Francis E. Baker, William H. Seaman, Christian C. Kohlsaat. Clerk, Edward M. Holloway. Sessions: At Chicago until otherwise ordered. One 1st Tuesday in October, one 1st Tuesday in January, and one 2d Tuesday in April. Only one term, and that in October. Composed of the States of Indiana, Illinois, and Wisconsin.

EIGHTH CIRCUIT. -- Circuit Justice, David J. Brewer. Circuit Judges, Walter H. Sanborn, Willis Van Devanter, William C. Hook, Elmer B. Adams. Clerk, John D. Jordan, St. Louis, Mo. Terms at St. Paul, 1st Monday in May; at Denver, Colo., or Cheyenne, Wyo., 1st Monday in September; and at St. Louis, 1st Monday in December.

Composed of the States of Arkansas, Colorado, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wyoming, and Utah, and the Territories of Indian, New Mexico, and Oklahoma. NINTH CIRCUIT. Circuit Justice, Joseph McKenna. Circuit Judges, William B. Gilbert, Erskine M. Ross, William W. Morrow. Clerk, Frank D. Monckton. Deputy Clerk, Meredith Sawyer. Terms at San Francisco, 1st Monday in October, February, and May for hearing of cases, and adjourned sessions on 1st Monday of each month in the year; for hearing of cases at Seattle, 2d Monday in September; and at Portland, 3d Monday in September.

Jurisdiction extends over States of California, Idaho, Oregon, Washington, Nevada, and Montana, and the Territories of Arizona, Alaska, and Hawaii.

COURT OF CLAIMS.

Chief Justice, Stanton C. Peelle. Judges, Charles B. Howry, Fenton W. Booth, Samuel S. Barney, and George W. Atkinson. Chief Clerk, Archibald Hopkins. Assistant Clerk, John Randolph. Assistant Attorney-General, to defend the United States, J. A. Van Orsdel. Assistant Attorney-General, in Indian depredation cases, J. G. Thompson.

Jurisdiction. This court was established by act of Congress, February 24, 1855 (10) Stat. L. 612). It has general jurisdiction of all claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government

of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable, except "claims growing out of the late civil war, and commonly known as war claims," and certain rejected claims. The Tucker Act, 1887 (24 Stat. L. p. 505).

It has jurisdiction, also, of claims of like character which may be referred to it by any executive department, involving disputed facts or controverted questions of law, where the amount in controversy exceeds three thousand dollars, or where the decision will affect a class of cases or furnish a precedent for the future action of any executive department in the adjustment of a class of cases, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution.

In all of the above cases the court may enter judgment against the United States, payable out of the public treasury.

There is a statute of limitations which prevents parties from bringing actions more than six years after the cause of action accrued; but the departments may refer claims at any time, if they were pending therein within the six years.

An appeal, only upon questions of law, lies to the supreme court on the part of the defendants in all cases, and on the part of the claimants when the amount in controversy exceeds three thousand dollars. The findings of fact are final, and not subject to review in the supreme court

By the act of March 3, 1883, ch. 116 (1 Supplement to Rev. Stat. 2d ed. p. 403), called theBowman Act," the head of an executive department may refer to the court any "claim or matter" pending in his department involving controverted questions of fact or law. The court is required to find the facts and its conclusions of law, and to report the same to the department for its guidance and action.

It also authorizes either house of congress, or any committee, to refer to the court any "claim or matter" involving the investigation and determination of facts, the court to report the same to congress.

The only limitation under the "Bowman Act" is that the court shall have no jurisdiction of any claim barred before the passage of the act by any then existing provision of law. By act of January 20, 1885, ch. 25 (1 Supplement to Rev. Stat. 2d ed. p. 471), jurisdiction is given of "claims to indemnity upon the French government arising out of illegal captures, detentions, seizures, condemnations, and confiscations prior to the ratification of the convention between the United States and the French Republic concluded on the 30th day of September, 1800." The time of filing claims was limited to two years from the passage of the act. The court finds the facts and the law, and reports the same in each case to

congress.

By the act of 1891, ch. 538 (1 Supplement to Rev. Stat. 2d ed. p. 913), jurisdiction was conferred of claims arising from Indian depredations upon petitions filed within three years from passage of the act, with right of appeal to the supreme court on questions of law. Since 1867 cases decided have been regularly reported in a series of volumes, one each year, called "Court of Claims Reports," now numbering thirty-eight volumes. A history of the court may be had on application to the clerk, by mail.

There are five judges, who sit together in the hearing of cases. The concurrence of three is necessary for the decision of any case.

Term. The court sits in Washington, D. C., in the Old Corcoran Art Building, 17th and Pennsylvania Avenue, on the 1st Monday in December, and continues to sit until all cases ready for trial are disposed of. It again sits in October, continuing its sittings until the beginning of the next term. Cases may be commenced and entered at any time, whether the court be in session or not.

CIRCUIT AND DISTRICT COURTS.

ALABAMA.

UNITED STATES CIRCUIT COURT.

Associate Justice Supreme Court, Edward D. White, of Louisiana.

Circuit Judges. Don. A. Pardee, of New Orleans, La.; A. P. McCormick, of Dallas, Texas; D. D. Shelby, of Huntsville. Clerks, Richard Jones, Mobile; J. W. Dimmick, Montgomery; C. J. Allison, Birmingham.

Terms. At same times and places as District Courts.

UNITED STATES DISTRICT COURTS.

SOUTHERN DISTRICT.- Northern Division. - Judge, Harry T. Toulmin, of Mobile. Attorney, William H. Armbrecht, Mobile. Marshal, G. B. Deans, Mobile. Clerk, Richard Jones, Mobile.

Terms. At Selma, 1st Mondays in May and November.

Counties composing the Northern Division of the Southern District. - Dallas, Hale, Marengo, Perry, and Wilcox.

Southern Division. - Officials are the same as for the Northern Division.

Terms. At Mobile, 1st Monday in May and 4th Monday in November. Special terms for the trial of admiralty cases, 1st Monday in each month.

Counties composing the Southern Division of the Southern District. - Baldwin, Choctaw, Clark, Conecuh, Escambia, Mobile, Monroe, and Washington.

MIDDLE DISTRICT. — Judge, Thos. G. Jones, of Montgomery. Attorney, E. J. Parsons. Marshal, Jas. H. Judkins, Montgomery. Clerk, J. W. Dimmick, Montgomery. Terms. At Montgomery, 1st Tuesdays in May and December.

Fee for filing bill of complaint, twenty-five cents.

Counties composing the District. Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Ehnore, Geneva, Henry, Lee, Lowndes, Macon, Montgomery, Pike, Randolph, Russell, Tallapoosa, and Houston.

NORTHERN DISTRICT. Northern Division. Judge, Thos. G. Jones, of Montgomery. Attorney, Thomas R. Roulhac, Sheffield. Marshal, Pope M. Long, Birmingham. Clerk, Chas. J. Allison, Birminghain.

Terms.

At Huntsville, 1st Tuesday in April and 2d Tuesday in October. Fee for filing bill of complaint, twenty-five cents.

Counties composing the Northern Division. Colbert, Cullman, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, and Winston. Eastern Division. - · Officials are the same as for the Southern Division.

Terms. At Anniston, 1st Mondays in May and November.

Counties composing the Eastern Division. Calhoun, Cherokee, Clay, Cleburne, Etowah, and Talladega.

-

Western Division. — Terms. — At Tuscaloosa, 1st Tuesdays in January and June. Counties composing the Western Division. - Bibb, Greene, Pickens, Sumter, and Tuscaloosa.

-

Southern Division. - Judge, Thomas G. Jones, of Montgomery. Attorney, Thos. R. Roulhac, Birmingham. Marshal, Pope M. Long, Birmingham. Clerk, Chas. J. Allison, Birmingham.

Terms. - At Birmingham, 1st Mondays in March and September.

Counties composing the Southern Division. — Blount, De Kalb, Fayette, Jefferson, Lamar, St. Clair, Shelby, and Walker.

ALASKA.

For terms and officials of District Court, see page 976.

ARIZONA TERRITORY.

For terms and officials of Supreme and District Courts, see page 978.

ARKANSAS.

UNITED STATES CIRCUIT COURT.

Associate Justice Supreme Court, David J. Brewer, of Kansas.

Circuit Judges, Walter H. Sanborn, of St. Paul, Minn.; Elmer B. Adams, of St. Louis, Mo.; William C. Hook, of Topeka, Kans.; Willis Van Devanter, of Cheyenne, Wyo. Terms.

Eastern District.

Western District.

At Batesville, 4th Mouday in May and 2d Monday in December.

At Helena, 2d Monday in March and 1st Monday in Octo-
ber.

At Little Rock, 1st Monday in April and 3d Monday in
October.

At Texarkana, 2d Mondays in May and November.
At Fort Smith, 2d Mondays in January and June.

UNITED STATES DISTRICT COURTS,

EASTERN DISTRICT. — Judge, Jacob Trieber, of Little Rock. Attorney, William G. Whipple, Little Rock. Marshal, A. S. Fowler, Little Rock. Clerk of Circuit Court, W. P. Feild. Clerks of District Court, Sid B. Redding, Little Rock; Emerson R. Crum, Helena; Joseph W. Parse, Batesville.

Terms. Same times and places as the Circuit Court.

Counties composing the Western Division returnable at Little Rock. - Arkansas, Ashley, Bradley, Chicot, Clark, Cleveland, Conway, Dallas, Desha, Drew, Faulkner, Garland, Grant, Hot Springs, Jefferson, Lincoln, Lonoke, Montgomery, Perry, Pope, Prairie, Pulaski, Saline, Van Buren, White, and Woodruff.

Counties composing the Eastern Division returnable at Helena. - Clay, Craighead, Crittenden, Cross, Greene, Lee, Mississippi, Monroe, Phillips, Poinsett, and St. Francis. Counties composing the Northern Division returnable at Batesville. — Cleburne, Fulton, Independence, İzard, Jackson, Lawrence, Randolph, Sharpe, and Stone.

WESTERN DISTRICT. Judge, John H. Rogers, of Fort Smith. Attorney, Jas. K. Barnes, Fort Smith. Marshal, Solomon F. Stahl, Fort Smith. Clerk of Circuit Court, W. L. Weilshear. Clerk of District Court, H. B. Armistead, Fort Smith. Clerks of Circuit and District Courts, John Somerville, Texarkana; Wm. F. Mitchell, Harrison.

Fee for filing bill of complaint, ten cents.