WOOLLEY, Circuit Judge.
After an original application filed in 1910 and on a divisional application filed in 1916, Letters Patent No. 1,258,423 issued, March 5, 1918, to Fritz Lowenstein for a "variable electrical apparatus." Scovill Manufacturing Company, owner of the patent, brought this suit against dealers in the alleged infringing device. From a decree of the District Court holding claims 1, 2, 3, 4, 9 and 10 valid and infringed,
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