HAND, Circuit Judge (after stating the facts as above).
We do not consider whether the plaintiff's evidence was sufficient to carry the date of invention back of Turner's sealing dates in April and May, 1907. The appellant has assigned no error on that point, and did not argue it before us. We assume, therefore, that Twitchell antedated Turner, and the validity of the patent depends upon whether the evidence showed that the use was public. We observe at the outset...
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