BYERS, District Judge.
This is a plaintiff's motion for summary judgment under Fed. Rules Civ. Proc. Rule 56, 28 U.S.C.A., in a declaratory judgment cause having for its object a decision concerning the validity of defendant's U.S. Patent No. 2,170,531 granted August 22, 1939; and also as to infringement of his U.S. Patent No. 2,203,156 granted June 4, 1940.
As to the first, reliance is had upon the defendant's failure for eight years to disclaim claims 1...
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