In this suit for infringement of two United States patents assigned to and controlled by plaintiff, No. 3,121,006 ("006"), issued to Middleton and Reynolds, and No. 2,588,699 ("699"), issued to Carlson, defendants have moved pursuant to Rule 56, F.R.Civ.P., for partial summary judgment dismissing as a matter of law the claim based on the 006 patent. For the reasons stated below the motion is...
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