HINCKS, District Judge.
This is a civil action brought for the infringement of U. S. Patent No. 1,941,583 issued to the plaintiff. The defendant in its answer raises the usual issues of invalidity and non-infringement, and then appends a counterclaim seeking a judgment declaring that the plaintiff's patent is invalid and not infringed. The counterclaim contends an allegation "that plaintiff has notified defendant" of the patent in suit "and has made claim and charges...
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