PAGE, Circuit Judge.
Eleven months after the patent in suit, No. 1,612,788, had, on December 28, 1926, been granted for an improved tire flap, this suit was begun, and a month later it was dismissed on appellee's motion, charging that the patent was void on its face because of lack of patentable novelty and invention.
This case is quite unusual, in that the specification sets out the state of the art at the time the inventor (Walten) entered the field, and...
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