SOPER, District Judge.
The validity of the third claim of the patent in suit was adjudicated by the Circuit Court of Appeals of this circuit in Gross v. Frank, 293 F. 702. The original patent, No. 1,380,058, was granted May 31, 1921, on an application filed August 4, 1920. It covers a parking light to be attached to the fender of an automobile. The third claim thereof is as follows:
"3. In a parking light, a tubular supporting member having its upper end formed...
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