KALODNER, District Judge.
Defendant, counterclaiming in an equity suit, seeks a declaratory judgment declaring plaintiff's patent No. 1,984,973 invalid on the grounds of
(1) Prior publication
(2) Prior public sale
(3) Prior public use
The counterclaim further charges plaintiff with false patent marking upon merchandise and in advertisements; and finally charges plaintiff with unfair competition in disseminating word to the trade, etc...
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