JENNEY, District Judge.
This is an action charging contributory infringement of two patents by the defendant. The first patent applied for was No. 1,928,404; the application for which was filed August 20, 1928, and patent was issued September 26, 1933. The other, No. 1,907,026, was applied for February 27, 1929, and was issued May 2, 1933. Therefore, even though patent No. 1,928,404 was issued subsequent to patent No. 1,907,026, it really antedates that patent.
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