KIRKPATRICK, District Judge.
This motion by the defendants for summary judgment of invalidity presents two major issues, first, whether an amendment allowed by the Patent Office in 1957 introduced new matter and, second, whether the patent is invalidated by the publication of a British patent in 1950—an issue which depends upon whether the patent (which resulted from a continuation in part of an application filed by the plaintiff in 1947) was a departure not...
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