Bassett

(after stating the facts as above).

[1] The plaintiff assigns error to the admission of certain evidence during his cross-examination. The evidence so admitted related to a model which he had stated was the model of his invention*. On direct examination he was asked to explain to the jury by the aid of the model the essential elements of his invention.' Later he claimed that the model was merely illustrative of his patent, and for that reason his counsel objected to certain questions which were asked him on cross-examination concerning the details of the construction of the model. It is said that it was error to admit this testimony for the reason that the model was one that had been used experimentally prior to filing the application, and that the cross-examination related to elements used therein which had no relation to the elements of the combination which were claimed in the patent. The plaintiff, having introduced the model in evidence as the model of his invention, cannot be heard to complain that the court permitted the defendant on cross-examination to inquire as to all the details of the structure and the use thereof, and if, indeed, the model did contain details which…