GILBERT, Circuit Judge.
The appellee presents a petition with supporting affidavits for leave to apply to the court below for permission to file a petition for an order reopening the case for rehearing and for amendment to the answer by setting forth prior use of the appellant's invention in three large reverberatory furnaces in the plant of the Lake Superior Smelting Company at Dollar Bay, Mich., during the years 1903 to 1906, inclusive. Passing by the question whether...
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