NORCROSS, District Judge.
This is a suit by plaintiff to enjoin alleged infringement of patent No. 1,662,357, dated March 13, 1928, issued to plaintiff for an "abrasive resisting metal and process for making same," also, to require defendant to account for the benefits to it derived from the use of such process.
To plaintiff's complaint defendant by answer has set up the following defenses:
That, assuming the process described in the patent to be patentable...
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